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Home My WebLink About1996-0923 PEC ' Gene C. Uselton ~ 3025 Booth Fails Road Vail, Colorado 81657 970-476-8793 March 9, 1996 Susan G. Connelly Community Devetopment Director Town of Vail Dear Susan: Concerning my responsibilities as a member of the Planning and Environmental Commission (PEC), there are two items that I would like to bring to your attention. (1) Refezring to the schedule of ineetings of the PEC for 1996, the meeting on September 23, 1996, occurs during a period when I have planned to be away from Vail. (We are scheduled to Ieave Vait on September 20, 1996, and to return on October 11, 1996.) I know that this notice is pretty far in advance, but I wanted to make my plans a matter of record. ~ (2) I note that PEC members regularly serve three-month assignments as members of the Design Review Board (DRB): Jan - Mar, Apr - Jun, Jul - Sept, and Oct - Dec. The Oct. - Dec. `96 period would be least convenient for me because I am scheduled to teach a course in statistics at the Colorado Mountain College during the Fall semester. I wauld be able to devote more time to the DRB during the spring and summer manths. Nevertheless, if my assigned period were Oct - Dec, I would find the time to do the work. I am pleased to have this opportunity to serve the Town of Vail as a member of the PEC. I look forward to working with you and your staff. Mike Mollica and Jim Curnutte have already been very helpful. Sincerely, k't'~ Gene Uselton XC: Mike Mollica ~ Jim Curnutte Qf ~ THIS ITEM MAY AFFECT YOUR PROPERTY ~ PUBLIC NOTICE , NOTICE IS HEREBY GIVEN that the Planning and Environmentai Commission of the Town of Vai1 will hold a public hearing in accordance with Section 1$.66.060 of the Municipal Code af the Town of Vaif on September 23, 1996, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a conditional use permit for a Type I( EHU, to be iocated at 1225 Westhaven Lane/Lot 43, Gien Lyon App(icant: Sentry Construction, rep. by Mike Young Pfanner: George Ruther A request for a site coverage variance to allow for a one car garage, located at 742 Sandy Lane/Lot 3, Vail Potato Patch 2nd Fifing Applicant: Jeri Campisi Planner: Dominic Mauriello A request for a conditional use permit to ailow for a miniature golf course in the CC2 Zone District, located at Tract D, Vail Lionshead 1 st Filing Applicant: Charlie Alexander Planner; Dirk Mason A request for a minor exterior alteration to allow for the construction of a walk-in freezer, located • at 536 West Lionshead Mail/Lot 5, Block 1, Vail Lionshead 1 st Filing Appficant: Mitch Garfinkel i Ptanner: George Ruther The applications and information about the proposals are available in the project planner's office during regular office hours for public inspection, iocated at the Town of Vail Community Development Department, 75 South Frontage Road. ~ Sign ianguage interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 i 7DD tor information. i Community Developmern Departmerrt ~ Published September 6, 1996 in the Vail Trail. I i ~ ~ i Agenda last revised 9/18/96 9am • PLANNfNG AND ENVIRONMENTAL COMMISSION Monday, September 23, 1996 AGENDA - Project Orientation / Lunch -Communitv DeveloQment Department 12:30 pm QUORUM - (October 14, 1996) Site Visits ~ :00 pm 1. Campisi - 742 Sandy Lane 2. Sentry Construct+on - 1225 Westhaven Lane 3. Charlie Alexander - Lionshead Driver: George _ Public Hearing - Town Council Chambers 2=00 A•m• i. A request for a eonditional use permit for a Type II EHU, to be located at 1225 Westhaven Lane/Lot 43, Glen Lyon. Applicant: Sentry Construction, rep. by Pam Hopkins • Planner: George Ruther , 2. A request for a conditionai use permit to allow for a miniature goif course in the CC2 and AG/OPEN Zone Districts, located on portions of Tracts B& D, Vail Lionshead 1 st Filing. Applicant: Charlie Alexander Planner: Dirk Mason 3. A request for a site coverage variance to allow for the construction of a one-car garage, located at 742 Sandy Lane/Lot 3, Vail Potato Patch 2nd Filing. Applicant: Jeri Campisi Planner: Dominic Maurie(lo 4. A request for an exterior addition to a master bedroom and bathroom and adding a 3rd floor, utilizing the 250 Ordinance, located at 8028 Potato Patch/Lot 4, Block 1, Vail Potato Patch. Applicants: Padraic Deighan and Birgit Toome Planner: Dominic Maurieilo TABLED UNTlL OCTOBER 14,1996 ~ I I ' Agenda tast revised 9/18/96 9am ~ 5. A request for a minor exterior alteration to allow for the construction of a walk-in freezer, located • ~ at 536 West Lionshead Mail/Lot 5, Block 1, Vail Lionshead 1 st Filing. ! Applicant: Mitch Garfinkei Planner: George Ruther WtTHDRAWN I 6. Information Update I 7. Approval of September 9, 1996 minutes I j The appiications and information about the proposals are available in the pro}ect planner's office during regular office hours for public inspection, located at the Town of Vail Community Development ' Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. Community Development Department Published September 20, 1996 in the Vail Trail. s; • / agenaa last rev+sea 9rz4/96 9art, I ~ PLANNING AND ENVIRONMENTAL COMMISSION Monday, September 23, 1996 FINAL AGENDA PrQject Orientation / Lunch - Community Development Deoartment 12:30 pm OUORUM - (October 14, 1996) Site Visits 1:00 pm 1. Campisi - 742 Sandy Lane 2. Sentry Construction -1225 Westhaven Lane 3. Charlie Alexander - Lionshead Driver: George Public Hearing - Town Council Chambers 2:00 P•m• 1. A request for a conditional use permit for a Type II EHU, to be located at 1225 Westhaven Lane/Lot 43, Glen Lyon. . • Appficant: Sentry Construction, rep. by Pam Hopkins Planner: George Ruther MOTION: Henry Pratt SECOND: John Schofield VOTE: 5-0-2 APPROVED WRH CONDRlONS 2. A request for a conditional use permit to allow for a miniature golf course in the CC2 and AG/OPEN Zone Districts, located on portions of Tracts B& D, Vail Lionshead 1 st Filing. , Applicant: Chariie Alexander Planner: Dirk Mason MOTION: Henry Pratt SECOND: John Schofield VOTE: 5-0-2 APPROVED WITH CONDITIONS 3. A request for a site coverage variance to atlow for the construction of a one-car garage, located at 742 Sandy Lane/Lot 3, Vail Potato Patch 2nd Filing. Applicant: Jeri Campisi Planner: Dominic Mauriello MOTION: Greg Amsden SECOND: Galen Aasland VOTE: 6-0 DENIED ~ ' Agenda lest revised 9/24/96 9am ! 4. A request for an exterior addition to a master bedroom and bathroom and adding a 3rd floor, ~ utilizing the 250 Ordinance, located at 802B Potato Patch/Lot 4, Block 1, Vail Potato Patch. Applicants: Padraic Deighan and Birgit Toome Planner: Dominic Mauriello , TABLED UNTIL OCTOBER 14,1996 5. A request for a minor exterior alteration to allow for the constructian of a walk-in freezer, located at 536 West Lionshead Mall/Lot 5, Block 1, Vaii Lionshead 1 st Filing. Applicant: Mitch Garfinkel Planner: George Ruther WITHDRAWN 6. Information Update 7. Approval of September 9, 1996 minutes MOTION: Diane Golden SECONO: Galen Aasland VOTE: 6-0 TABLED UNTIL OCTOBER 14,1996 The applications and information about the proposals are available in the project planner's oflice during ~ regutar office hours for public inspection, located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign language iMerpretation availabie upon request with 24 hour notification. Please cal{ 479-2114 voice os 479-2356 TDD for information. Communiry Developmerit Departmertt . ~ ~`A ` ~ ~ A ivi Agenda last revised 9/18/96 9am i PLANNING AND ENViRONMENTAL COMMISSION Monday, S mber 23, 1996 FDA Project Orientation / Lunch - Communitv Development Deqartment 12:30 pm QUORUM - (October 14, 1996) Site Visits 1:00 pm 1. Campisi - 742 Sandy Lane 2. Sentry Construction - 1225 Westhaven Lane 3. Charlie Alexander - Lionshead Driver: George Pub~Hearinq - Tawn Council Chambers 2:00 p.m. 1. A request for a conditionai use permit for a Type II EHU, to be located at 1225 Westhaven Lane/Lot 43, Glen Lyon. Applicant: Sentry Construction, rep. by Pam Hopkins • Planner: George Ruther MOTION: Henry Pratt SECOND: John Schofield VOTE: 5- ffiw I i APPROVED WITH CONDITIONS ' 2. A request for a conditional use permit to allow for a miniature golf course in the CC2 and , AG/OPEN Zone Districts, located on portions of Tracts B& D, Vail Lionshead 1st Filing. Applicant: Charlie Alexander Planner: Dirk Mason MOTION: Henry Pratt SECOND: John Schofield VOTE: i0mv APPROVED WITH CONDITIONS 3. A request for a site coverage variance to allow for the construction of a one-car garage, located at 742 Sandy Lane/Lot 3, Vail Potato Patch 2nd Filing. Applicant: Jeri Campisi Planner: Dominic Mauriello MOTION: Greg Amsden SECOND: Galen Aasland VOTE: 6-040 • DENIED , Agencia last revised 9118196 9am i 4. A request for an exterior addition to a master bedroom and bathroom and adding a 3rd floor, utilizing the 250 Ordinance, located at 8026 Potato Patch/Lot 4, Block 1, Vail Potato Patch. Applicants: Padraic Deighan and Birgit Toome Planner: Dominic Mauriello TABLED UNTIL OCTOBER 14, 1996 5. A request for a minor exterior alteration to allow for the construction of a walk-in freezer, located at 536 West Lionshead Mall/Lot 5, Block 1, Vaii Lionshead 1 st Filing. Applicant: Mitch Garfinke! Planner: George Ruther WffHDRAWN 6. Information Update 7. Approvai of Septernber 9, 1996 minutes MOTION: Diane Golden SECOND: Galen Aasland VOTE: 6-0 TABLED UNTIL OCTOBER 14,1996 • The applications and information about the proposals are avai{ab{e in the project planner's o#ice during regular office hours for public inspection, located at the Town of Vail Community Deveiopment Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for I information. Community Development Department ~ i L MEMORANDUM I• TO: Planning and Environmental Commission FROM: Community Development Department ' DATE: September 23, 1996 SUBJECT: A request for a conditional use permit for a Type II EHU, to be located at 1225 . Westhaven Lane/Lot 43, Glen Lyon. Applicant: Sentry Construction, represented by Pam Hopkins Planner: George Ruther 1. DESCRIPTION OF THE REQUEST The applicant is proposing to construct a new duplex residence on Lot 43, Glen Lyon Subdivision. As part of the proposal, the applicant is requesting a conditional use permit to construct a Type II EHU. In September and December of 1992, the Town Council passed Ordinances 9 and 27, Series of 1992, to create a new Chapter 18.57 - Employee Housing, for the addition of Employee Housing ~ Units (EHUs) as permitted or conditional uses within certain zone districts within the Town of Vail. The definition in that ordinance states: Section 18.04.105 "Employee Housing Unit (EHU) shall mean a dwelling unit which sha11 not be leased or rented for any period less than thiriy (30) consecutive days, and shall be rented only to tenants who are full-time employees of Eagle County. EHUs sha11 be allowed in certain . zone districts as set forth in Chapter 18 of this Code. Development standards for EHUs shall be as provided in Chapter 18.57 - Employee Housing. For the puiposes of this Section, a full-time employee shall mean a person who works a minimum of an average of thirty (30) hours per week. There shall be five (5) categories of EHUs: Type I, Type II, Type III, Type IV, and Type V. Provisions relating to each type of EHU are set forth in Chapter 18.57 - Employee Housing of this Code." Pursuant to Section 18.57.050(B) of the Vail Municipal Code, in part, a Type Il Employee Housing Unit shall be a conditional use in the Two-Family Residential zone district; be permitted on lots which meet the minimum lot size requirement; be attached to, or located within, a two- family dwelling; not have more than two bedrooms; shall have one parking space per bedroom with a 300 square foot garage credit available to help meet the enclosed parking space requirement. , • 1 . a ~ The Type II Employee Housing Unit proposed by the applicant meets the requirements above in ~ that the 531 squaze foot, one bedroom unit, will be located in the center of the structure between the proposed duplex units. Additionally, a 300 square foot, one-car garage is pmposed and will • be located underneath the employee housing unit. The proposed parking fully complies with the parking requirement esta.blished in the Vail Municipal Code. H. .ZONING ANALYSIS Please note that proposed square footages and height had not yet been determined by the applicant when this memorandum was written. However, staff will insure that all zoning standards are rnet prior ta final DRB approval. III. CRITFRIA ANi1 FINDIN =S Upon review of Section 18.60, the Community Development Department recommends approval of the conditional use permit based upon the following factors: A. Consideration of Factor : Before acting on a conditional use permit application, the Pla.nning and Environmental Commission (PEC) shall consider the factors with respect to the proposed use: 1. Relationship and impact of the ase on development objectives of the Town. ~ When the Town Council adopted the Town of Vail Affordable Housing study on November 20, 1990, it recognized the need to increa.se the supply of housing. The Town encourages EHUs as a means of providing quality tiving conditions and expanding the supply of employee housing for both year-round and seasonal residents. The pmposed unit will have a positive _ impact an the Town's housing needs, by providing housing for employees. 2. The effect of the use on light and air, distribution of population, transportation facilities, utiliNes, schools, parks and recreation facilities, and other public facilities needs. - Staff betieves that there will be little impact from the proposed Type II EHU on light, air, population, transportation, utilities, schools or parks. 3. Effect upon traffic with particular reference to congestion, automodve and pedestrian safety and convenience, trafric flow and control, access, maneuverability, and removal of snow from the street and parking areas. 2 • , It is likely that there would be additional vehicles driving to the residence, and a slightly larger parking area. Staff feels that this would be an insignificant impact on the above-referenced criteria. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to seerrounding uses. The scale and bulk of the proposed structure is very similar to those in existence in the surrounding neighborhood. This is due to the fact that the lot on which the proposed duplex and Type II EHU will be built is comparable in size to other lots in the neighborhood. The amount of GRFA in this proposal is not greater than what ultimately could be constructed on the lot. 5. Employee Housing Units may be allowed as a conditional use in those zone districts as specified by Title 18 of the Vail Municipal Code for Ordinance No. 27, Series of 1992, Employee Housing and shall be subject to the following conditions: a. It shall be a conditional use in the 5ingle-Family Residential, TwaFamily Residential and Primary/Secondary Residential ~ zone districts. The subject property is zoned Primary/Secondary Residential pursuant to SDD # 4. b. It shall be permitted only on lots which comply with the minimum lot size requirements of the zone district in which the lot is located. The rninimum lot size for a Type II EHU in the Primary/Secondary Residential zone district is 15,000 square feet of buildable site area. The applicant's property has 24,855 square feet of buildable site area. c. It shall be located within, or attached to, a single-family dwelling or be located within, or attached to, a twafamily dwelling pursusnt to Section 1$.54.050(1) - Design Guidelines Duplez and Primary/Secondary Development. It may also be located in, or attached to, an ezisting garage provided the garage is not located within any setback, and farther provided that no ezisting parking required by the Town of Vail Municipal Code is reduced or eliminated. , • . 3 The proposed Type II EHU will be integrally located between the duplex units above the garage. d. It shall not be counted as a dwelling unit for t6e purposes of • calculating density. However, it s6a11 contain kitchen facilities and a 6athroom, as defined in Chapter 18.04 - Definitions of the Municipal Code. It shall be permitted to be a third dwelling unit in addition to the two dwelting units which may already exist on the lot. Only one Type II EHU shall be . allowed per lot. , The proposed EHU will be a third dwelling unit on the site. It contains a full ldtchen and full bathroom facilities. ' e. It shall have a GRFA of not less than three hundred (300) square feet, nor more than nine hundred (900) square feet. An applicant, however, shall be permitted to apply to the Commnnity Development Department of the Town of Vail for additional GRFA not to ezceed five hundred (500) square feet to be ased in the construction of the EHU. The applicant is proposing to apply for an additiona1500 square ~ feet of GRFA to be used for the construction of the EHL1. The request will be reviewed by the PEC on October 14, 1996. ~ f. It shell have no more than two bedrooms. The proposed EHLT is a 531 square foot, one-bedroom unit and therefore complies with this criteria. g. No more than two (2) adults and one (1) child not older than siateen (16) years of age shall reside in a one (1) bedroom Type II EHU. No more than two (2) adults and two (2) childrea not older than sizteen (16) years of age shall reside in a two (2) bedroom Type II EHU. - Since this unit wi11 function as a one (1) bedroom, Type II EHU, the first part of the above listed regulation will be complied with. h. Each Type II EHU shall be required to have no less than one (1) parking space for each bedroom located therein. However, if a one (1) bedroom Type II EHU ezceeds six hundred (600) square feet, it shall have two (2) parking spaces. All parking spaces required by this Code shall be located on the same lot or site as the EHU. If no dwelling ezists upon the property which • / 4 . is proposed for a Type II EHU at the time a building permit is I ' issued, or if an ezisting dwelling is to be demolished and i• replaced by a new dwelling, not less than one (1) of the parking spaces required by this paragraph shall be enclosed. A 300 i square feet GRFA credit shall be allowed for the construction , of one enclosed parking space for the Type II EHU. The proposed EHU has one (1) enclosed parking space allocated to it. B. in in The Planning and Environmental Commission shall make the following findings before granting a conditional use permit for an Employee Housing Unit: 1. That the proposed location of the use in accordance with the purposes of this Ordinance and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vieinity. M 3. That the proposed use would comply with each of the applicable provisions of Title 18 of the Vail Municipal Code. IV. STAFF RECOMMENDATION The Community Development Deparhnent staff recommends approval of this application for a conditional use permit for a Type II Employee Housing Unit. Staff believes that the criteria have been met as discussed in the merno. Regarding the findings, staffbelieves that Finding B1 is met as the progosed use is in accordance with the purposes of the zoning ordinance as well as the zone district. Finding B2 and B3 are met, in staffs opinion, as the proposal complies with all of the standards of the Zoning Code. Staff recommends approval of the request with conditions: 1.. That the applicant execute and return a Type II EHU deed restriction to the Town prior to the Town's issuance of a building permit. 2. That the project comply with all of the relevant Zoning Code requirements prior to final DRB review. Please note that under Section 18.60.080 of the Town of Vail Municipal Code, the approval of a conditional use permit shall lapse and become void if a building permit is not obta.ined and construction is not commenced and diligently pursued toward completion, or the use for which the approval has been granted has not commenced within two years from when the approval , • becomes final. 5 a t• ~ SENTRY ~ HOM E S • August 27, 1996 Department of Community Development 75 S. FruYitage Road Vail, CO 81657 RE: Lot 43, Sentry Duptez ~ Glen Lyon Subdivision ' To Whom it May Concern, Regarding the above referenced property, we are constructing a duplex with an employee - housing unit built in, similar to the concept that Larry Grace used on Lot 41, three years ago. He has had a young couple living there year round, both holding full time jobs in the town of Vail for the last three years. The employee housing concept has worked for Larry not only keeping working residence in the town of Vail, but also keeping a sense of ~ presence in the Grace residence year round. I know Larry is very pleased with his situation. I thought the concept would work with my project and help another couple that have jobs in Vail to live in Vail providing another source of employee housing which is an objective of the town of Vail. The unit is a 500 square foot, one bedroom, one bath, kitchen and family room layout with a one car garage for storage and laundry. This particular unit will have no effect on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public faci:ities ar.a public facilit:es r.eeds. There will be little effPct on ±ra-ffi-c and. parking per our site plan there is a garage and extra parking space for the employee unit. I feel ~ architecturally the employee unit has added character and conforms with the surrounding uses. Thank you for your consideration, feel free to contact me at the number below if you should have any questions. ' Sincerely, Mike Young ' President . 04 Sen[ry Construction Inc. P.O. Box 7005 Elgin, Illinois 60121 708-584-1133 . y „~r~~~~.?'~Y; / C3-~~':...•i~ s.! a• ~ • . ~ . .r~,. ~ ,/~C~•: ~ F . ~ .!^K• . ' ' i~ .'Ii: : r'C1..•• i ' ~ ~ , t~~" ; i t' • tl i • I ~ i' r ' •~t ' • . . ~ ' ~,.~.o ~ ¦ . ~ I•;I S~ ~ n ~ , . ~ • ~ ; . , ~ . k,... S • . ;;t~ i ~ , ~~,,r? ~ Lo-r / ~ : J r ~I• S1TE ¦ F:(;. ~ ~'r s ,`w~;..:: ~ i, ~ • - d, ; , -j , I. fx•.~ '1 , . i•r~;,~, fs: 1.4 ; S- 1n141 ~:...l.T 7. A • •v~o.p. r Y,r / i . , ~t~ ~I • •~v. ll . ~ ..',~f ` ~ t~~1:, r•`~', • / ~ . , ~ ~ 1.141 r'. ~ / • ~ . . . ~~SS~J ~ ~ : . . .Y,. r / ~ ~,'4 . p,' " ~ ~';r• ~ '~lo~.s f / 7c,.ened~.ro unosnJ . .y : / t •u~~~C ! 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TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 23, 1996 SUBJECT: A request for a site coverage variance to allow for a one-car garage, located at 742 Sandy Lane/Lot 3, Vail Potato Patch 2nd Filing. Applicant: Jeri Campisi Planner: Dominic Mauriello i. BACKGROUND AND DESCRIPTfON OF THE REQUEST The applicant is requesting a site coverage variance of 260.8 sq. ft. in order to construct a 300 sq. ft. one-car garage on the subject property. This duplex currently contains 2 enclosed garage spaces and this request would add a third. The allowable site coverage for this site is 3,403.8 sq. ft. (20%) and the proposal is far 3,664.6 sq. ft. (21.5%). This duplex was approved by the DRB in 1979 and constructed in 1980. The duplex, as _ originally approved, contained 3,753 sq. ft. of GRFA (as calculated in 1979). This site is allowed 3,951.9 sq. ft of GRFA. On March 3, 1979, a density variance for a 40 sq. ft. addition was denied by the PEC based on a finding that no hardship existed to justify the request. On ~ September 21, 1988, a request for 500 sq. ft. of GRFA was approved under the 250 Ordinance. The structure now contains 4,502.8 sq. ft. of GRFA as calculated today. With two 250's, the site is permitted up to 4,451.9 sq ft. of GRFA. Therefore the site is 50.9 sq. ft. over on GRFA and is considered a legal nonconforming structure with respect to GRFA. This structure also currently encroaches into both side setbacks. This is a pre-existing nonconforming condition and is not affected by the proposal. - The applicanYs justification for the site coverage variance request is that this addition will not negatively affect adjacent properties, as adjacent properties have two and three car garages. See attached letter for greater detail. , • . 1 v II. ZONING ANALYSIS Zoning: Primary/Secondary Residential ~ Use: Duplex residence Lot Size: 17,019 sq. R. (entire site) Standard Allowed x' in Proposed Slte Coverage: 3,403.8 sq, ft. (2096) 3,366.6 sq. tt (19.8%) 3,664.6 sq. ft. (21.5%) Landscape area: 10,211.4 sq. ft. (60%) 11,330.4 sq. R. (66.50%) n/c • GRFA: 3,951.9 sq. ft. 4,502.8 sq. ft. n/c w/two 259s: 4,451.9 sq. ft. 4,502.8 sq. ft. n/c Setbacks: Front: 20' 30' n/c Sides: 15' 10' & 13.58' nk Rear: 15' 36' n/c Parking: 5 required 6(2 encbsed) 6(3 enclosed) III. CRITERIA AND FINDINGS Upon review of Section 18.62.060, Criteria and Findings, of the Town of Vail Municipal Code, the Community Development Department recommends denial of the requested site coverage variance. The recommendation for denial is based on the following factors: A. Consideration of Factors: 1. The relationship of the requested variance to other existing or ~ potential uses and structures in the vicinity. The proposal will increase the building's bulk and mass beyond that enjoyed by other properties in the same zone district. Staff believes that while the proposal may not negatively impact neighboring properties and while other structures in the area have finro and three car garages, there - has been no indication of any physical hardship which would justify approving the requested variance. Other structures in area have 1wo and three car garages and still comply with the site coverage requirements. Essentially, this owner enjoys a larger house at the expense of reduced garage area. Staff believes the grant of this variance would be a grant of special privilege. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sltes in the vicinity or to attain the objectives of this title without grant of special privilege. Staff believes that the granting of this variance would be a grant of special privilege not enjoyed by other lots in the area or this zone district. Other . sites in the area were constructed within the site coverage requirements. f:\everyone\pecMemos\Campisi.923 ' 2 ti 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and . utilities, and public safety. Staff believes that requested variance will increase the buik and mass of the building which may have a negative effect on the light and air of neighboring properties. B. 1he Planning and Environmental Commission shall make the followina findinas before arantina a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions N applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. 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 applicanYs variance request subject to the following findings: 1. That the granting of the variance will constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. There are no exceptions or extraordinary circumstances or conditions applicable to this site that apply generally to other properties in the Primary/Secondary Residential zone. 3. The strict interpretation or enforcement of the specified regulation does not deprive the applicant of privileges enjoyed by the owners of other properties in the Primary/Secondary Residential district. , • f:\everyone\pecMemos\campisi.923 " 3 ~ . • ACCOMPANYING INFORMATION FOR APPLICATION FOR PLANNING AND ENVIRONMENTAL COMMISSION APPROVAL VARIANCE FOR CHARLES AND GERI CAMPISI FOR 742-B SANDY LANE. VAII.. COLORADO 81657 SUBMITTAL REOUIREMENTS FOR A VARIANCE 1. PRE-APPLICATION CONFERENCE The pre-application conference has already been held. II. SUBMITTAL REQUIREMENTS A. The $250.00 fee has been submitted. B. Enclosed are stamped, addressed envelopes and a list of the names and mailing addresses of all property owners adjacent to the subject property, including properties behind ~ and across streets. The enclosed addresses are all current pursuant to the Eagle County Assessor's Office. C. The specific regulation which the Campisi's are seeking a variance of is Section 18.13.090 of the Town of Vail Building Code regarding site coverage. Said Section provides that a residence is not to exceed twenty percent (20%) of the total site area. The Campisi's are requesting a variance of said regulation in order to allow them to construct a single car garage addition. The site plans set forth more precisely the extent of the variance. D. The relationship of the requested variance to other euisting or potential uses and structures in the vicinity: the variance requested by the Campisi's for the purpose of constructing a single car garage addition to their property will not have any negative impact _ upon the other structures in the vicinity as said structures are all residential homes with two (2) to three (3) car garages and/or condominium structures in the Potato Patch area. The garage addition will not block any views and fits in with other duplexes in the area, many of which have three (3) car garages or a close equivalent. E. The degree to which relief from the strict or literal interpretation and enforcement of a speciried regulation is necessary to achieve compati6ility and uniformity of treatment among sites in the vicinity or to obtain the objectives of this title without grant or special privilege. The site plans show more specifically how much relief the Campisi's are seeking for the purposes of building the single car garage addition but it is the minunum amount ! e L necessary in order to construct such a garage. The total square footage is approximately 299 • square feet and the structure wiii cover empty paved space upon the property which is currently unusable. The plans call for a very small single car garage to be added and said garage is as I limited in size as possible in order to still fit a medium sized vehicle. The Campisi's intentionally made the garage as small as possible knowing the restraints required by the Town of Vail regulations. The single car garage will be constructed fully within the setbacks upon the praperty and wi11 in fact be completely in compliance with the Town of Vail setback requirements for residential property. The garage will actually be constructed behind the set back line in some cases as much as fifteen (15) feet. The single car garage addition will also' be beneficial to the property at 742 Sandy Lane in that there currently exists a drainage problem in that the drainage flows directly into the building at the present time. The construction of the single car garage will correct this drainage problem and will increase the value of the Campisi's real property which therefore increases values for the neighborhood and consequently for the Town of Vail. F. There should be no effect of the variance on light and air, distribution of population, transportation, traffic facilities and public safety. G. It is the Campisi's opinion that the request complies with Vail's comprehensive plan or essentially will not have any adverse effect on said comprehensive plan. III. TITLE POLICY. A copy of the title report, including Schedules A and B are enclosed which is the Title Policy the Campisi's received upon their purchase of the property. ~ IV. CONDOMINIUM ASSOCIATION APPROVAL. Though the property at 742 Sandy Lane is a duplex, it is governed by a Condominium Association which went into effect on or about January 30, 1980. The new single car garage will be built on common association property but will benefit all condominium owners, i.e. the owner of 742-A and 742-B in that the Campisi's will have a single car garage for their . utilization and the owner of 742-A, Betty Guffy, will have use of a large deck on top of said garage. The Association is constituted of the Campisi's and Betty Guffy and Betty Guffy hereby submits her written approval of said variance thus providing full Condominium Association approval. The written approval is attached hereto. V. COPIES. Four (4) copies of the site plans improvements surveys and evaluations have already been delivered to the Town of Vail. If you have any further questions please do not hesitate to contact Ms. Geri Campisi at , • , . a 476-5586, 742-B Sandy Lane, Vail, Colorado 81657 or Kerry H. Wallace, Stovall Goodman ~ ' Wallace, P.C., P.O. Box 5860, Avon, Colorado 81620, 9494200. • RESPECTFULLY SUBMITTED this r._ay of August, 1996. STOVALL GOODMAN WALLACE, P.C. Kerry H. Wallace, #21033 P.O. Drawer 5860 Avon, Colorado 81620 (970) 949-4200 ~ • ~ ~ • ~ , ~ ~ NOT FOR CONSTRUCTION fil~ ~ ~ ~ a LOT 4 ~ SANDY LANE ( 30' ) ~1 ~ 06 - - ;1 LOT a105 t ~ ~ Y\\ g 90 , \ \ we~ azns ~ CA UNPUi7ED e30u LOT 2 \ - ~ , ~ ~ ~ i mAct c ~ uo cL~~Y: pf rr • nc wmc.m waa•nM hariw 6 wrn a aonr wrowAnw PROVIM °r EACLI v~e~cs si~~w n im ~r oA,°""m• i~a~.. Site •s twanM ro nK roM a v,w PLU g,E PL"" A1 N ' Ct~ I~ ~ m N NOT FOR CONS~'RUCTI{?N & m C' ° m ~t U) ~ MV [ _l : , Amom LIJ _ .,.y ~ Y , ~ - - • ~ ; Ar- ----------~'w~'sl~i^ ' ~ swn~u~, 10! i.0 a.yr~?~waw~+~o~r wwn • _ ~A3 . ~ . ~ MEMORANDUM T4: Planning and Environmentai Commission FROM: Community Development Department DATE: September 23, 1996 SUBJECT: A request for a conditionai use permit to allow for a miniature goif course in the CC2 and AG/Open Space Zone Districts, located on portions of Tract B& D, Vail Lionshead 1 st Filing Appiicant: Charlie Alexander Vail Associates, Inc. Planner: Dirk Mason 1. BACKGROUND AND DESCRIPTION OF THE PROPOSED USE Char(ie Alexander and Vail Associates, the applicants, are requesting a conditional use permit to relocate the Lionshead Miniature Golf facility, currentty located in the old Gondola maze area in Lionshead. On June 10, 1991, the Planning and Environmental Commission (PEC) approved a temporary miniature golf facility in Lionshead for a period of one year. On February 24, 1992, the PEC approved a request to modify and extend the conditional use permit approval for a period of ~ four years (until February 24, 1996). The February 24, 1992 amendment allowed the course to take on a more permanent appearance. Instead of being a temporary wood facility, each hole was allowed to be constructed with concrete borders. The 1992 amendment approval did not include the use of illurnination and the course hours were 9:00 a.m. until dusk, daily, starting on May 1 st and running through the fall. On April 26, 1993, the appiicant received PEC approval for an amendment to their conditional use permit to allow for low-level lighting throughaut the caurse and to extend the hours of operation of the course until 10:00 p.m. each night. On May 20, 1996, the PEC approved the existing temporary location, due to the new gondota construction, for a period of one year. The applicant agreed that at the end of the summer season, they would rernove everything associated with this miniature golf course, including the dirt and sod, to al(ow winter ski operations to resume. The proposed location of the miniature golf course is the Children's Ski School area. The miniature golf course is bounded by Chair 8 on the west, the Magic Carpet to the south, the service road on the east and the bike path to the south. This location was designated as a children's play area when the Vail Recreation District received a conditional use permit, for a perior of one year, for Camp Vail to use the tent. Upon speaking with Susan Hotter of the Vail Recreation District, the Camp Vail operations will resume at Goiden Peak next year. As indicated on the attached site plan, the appearance of the new course area will be enhanced with the addition of sod and numerous flower plantings. !n turn, by locating the miniature golf course in this location, the appearance of the overall area will be enhanced. An existing split-rail fence is located along the bike path and Chair 8. This existing fence will be extended around the perimeter of the entire miniature golf course site. Pedestrian access wiil be maintained on both the east and south sides of the course. The golf course will be iNuminated at night by the low level lights approved on April 26, 1993 by the PEC. No music is proposed. 1 The appiicant will utilize the same ticket building and 3 sq. ft. sign that has been used in previous years. The proposed hours of operation are 9:00 a.m. to 10:00 p.m. daily, from May to appraximately October 15th, as weather permits. The applicant has indicated that in the winter, ~ the course will be covered with snow for the Children's Ski School operations to resume. This request has been considered previousiy as a public parklrecreatian faciliry, which is listed as a conditional use under Section 16.26.040 (D) of the Commercial Core II and AG/Open Space Zone Districts. The ternporary ticket building being proposed wiil be removed prior to the ski season. Since the building is temporary and under 100 sq. ft. in size, it shali not be required to be reviewed by the PEC as an exterior alteration. II. CRRERIA AND FINDINGS I Upon review of Section 18.60, of the Vail Municipai Code, the Community Development Department recommends approval of the conditional use permit request, based upon the following factors: ; A. Consideration of Faciors: 1. Relationship and impact of the use on the development objectives of the Town. The develoPment ob1'ectives of the Town of Vail can be found in the purpose section of the CCII Zone District, and the Agricultural and Open Space Zone District, as well as the Zoning Titie of the Municipal Code. ~ The purpose section of the CC11 Zone District calls for a mixture of uses. ~ The purpose section of AG/OPEN Space calls for certain rypes of private recreational facilities. Section 18.02.020 (B) 10, the Purpose Section for the Zoning Titfe, calls for the provision of recreational facilities. Staff believes that this proposal will expand the mixture of uses in the ' Lionshead area, as weN as provide an additional recreational facility for visitors and residents of Vail. During the time of its previous operation, the facility has proven to be a positive addition to the Lionshead area. . 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facllities needs. Staff believes that the proposed conditional use permit will not have any negative impacts on the above referenced services. Over the past five years, the golf course facility has provided a positive recreational opportunity for the public. 3. Effect upon traffic with particufar reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, ~ access, maneuverability, and removal of snow from the street and parking areas. . ~ ' 2 ~ During the 1991, 1992, and 1996 PEC reviews, the staff was concerned ~ with the possible impacts of the miniature golf course on bicycle and pedestrian safety, as there is a recreational path in the vicinity of the proposal. This concern has not proven to be an issue during the past several years of operation of the facility. The split-rail fence along the east and north sides of the proposed golf course will separate pedestrians in the Lionshead mall area from the golf course users. Staff believes that there is adequate separation between the golf course and adjacent pedestrian ways, and that the impacts of the proposed relocated golf course will not have a negative effect on the criteria listed above. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The character of the area surrounding the location is recreation in nature. Staff believes that the golf facility will not alter the existing character of the area. Because the course will be flush with the ground and does not have any artificial looking obstacles, staff believes that its design is compatible with the character of the area. In addition, the applicant wilt provide numerous planting areas for flowers, which will improve the appearance of the area during the summer. The course will be covered in the winter with snow to allow normal ski operations to resume. At the time of the initial application of the miniature golf facility in 1991, ~ there were some adjacent condominium owners who believed that the noise from the golf course would be incompatible with the adjacent residential uses. The Community Development Department has not received any complaints related to the miniature golf facility over the past five years. Staff believes that noise from the miniature golf course will be less than other nearby commercial uses and that the proposed use will not have a negative impact on adjacent properties. B. Fin in The Planning and Environmental Commission shall make the following findings before granting a conditional use e~ 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes - of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. ~ • . 3 ~ 111. LIONSHEAD DESIGN CONSIDERATIONS This location is not idenfified in any of the sub-area concepts, and the Design Considerations do ~ not specifically address miniature goif courses. IV. COMMERCIAL CORE II AND AGRICULTURAL AND OPEN SPACE 20NING CONSIDERATIONS The Zoning Code does not provide a specific parking requirement for this type of recreational facility. Section 18.52.100 (C) 8 of the Zoning Code states that recreational facilities shall be reviewed by the Planning and Environmental Commission, and any parking requirements shall be determined by the PEC. At the February 24, 1992 PEC meeting, the April 26, 1993 PEC meeting, and again at the May 20, 1996 PEC meeting, both the staff and the PEC determined that since the proposed use is intended for summer recreation use only, the applicant was not required to pay into the parking fund. Staff does not believe that the proposed temporary relocation of the existing miniature golf course will necessitate parking to be provided for this use. V. STAFF RECOMMENDATION Staff recommends approval of the conditional use permit to allow for the continued use of the existing Lionshead Miniature Golf Course for a period of one year. This limitation will insure that the Lionshead Redevelopment planning process will not be restricted in proposing land use options for this area. The applicant will need to receive approval from the PEC for continued operation of the miniature golf course. Additionally, pursuant to Section 18.66.080, Hearing Notice, the Communiry Development Department has notified adjacent property owners of the ~ applicant's proposal. Staff has received one letter in opposition to this proposal. Should the PEC choose to grant an approval of the request, staff would recommend that the approval carry with it the following condition: 1. That the applicant discontinue off-site advertising, located on bicycle(s) throughout the Town of Vail. The existing bicycle signs do not meet the intent of Section 16.24.010 (F) of the Code, which exempts vehicle signs. . • ' 4 wr' • • : ~j s tTE . ~ ~ ; MINIAT[1RG COLF-- SURVEY ~ ' Charlie Alexander-- applicant . TRACT 1 ~ TRACT C N05'2~'02•E . ~ "'r'~ ? 4 ~ ~ - _ _f-~ • _ , 1 ' - tij1 - ; i~ ~ ~ tt~U ~ . ' 4 4 T.RACT 9 fC ^ - - _ • n'e ~ , . ..j ~ a~" • , J. ~-e ~ ..,c ,m.•t . . . , . . . , w r ~ ~ . ~ ~ ~ . \ • • , ~ TRACT 0 • . ' ' ~sy ~acs . • eI.e7r ' Py 1jC vJ B I • ~ ~ . Gc•.Jo~q Z i W . ~ H y nrN , Q V+ o..~ % ± A TRACT C W x i / an~ou 1 i W Lcwc eor 6. . p 6~ { H :i . / ~ . ~ sn~oct ~ ~ ~ 1, unurr TiiACT 0 + . CiSCMEN~ j . i / ' S~+G YAhMp~( / ~ ( : • ~ / r.o~t• M¦f wrw ~f i . . ' . wocr snacc ~ / `I . CASQ(E2lTS SIIOLII AAC tCR W1D T1T1,L ALfA CuMI7HEHT No. YLSS62 OAt[C 1-t)-90 ~ .i'~ . 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' awrP"'°""o~,• ,~aneoew~° 31Vt92 ~r • Si~, pj.,Ai~_._------`- ,MtE?~„'~.'°',~' ~ ~ w~I*A ~ O?ttta''°.?ED $001 L'. c ov.+~ ODct601o" ~ ~ September 12, 1996 ~ Mr. Greg Moffet, Chairman . % TOV Planning and Envizonmental Commission ~ 75 S. Frontage Road Vail. CO 81657 Subject: Public Hearing September 23, 1996, 2:OOP.M. Re: Conditional Use permit for a Minature Golf Course in the CC2 Zone District, located at Tract D, Vail Lionshead 1 st Filing. Dear Mr. Moffet; As 20 yeaz property owners in the VaiLZionshead Centre building Unit 306 immediately , overlooking the proposed location of this commercial venture we would like to register the following objections and respectfully request that the permit be denied: 1) This use of one of the last unobstructed vistas overlooking Gore Creek in the Lionshead azea would effectively block off our building from a natural landscape so much a part of enjoyment of the residents of this building. ~ 2) The constant attraction of a flow of commercial traffic during daylight and persumably nightime hours would cause noise, litter and obstruction to an othenvise open landscaped bike path azea where Vail residents and visitors enjoy walking and seeing the nattiral beauri, of our village and mountain. 3) The possibility of amplified music and night Iighting would of course intrude upon our rights as unit owaers to peacefut enjoyment of our property. The privacy of our pool azea woiild be compromised as well. These factors we believe would certainly affect the market value of our property. 4)Use of all types of printed and posted advertising materials near our premises would be a natural and probably unpreventable accompanyment to this commercial venture. Witness the permanent use of a bicycle in front of the mall entrance to our building all this summer with the large sign - "Minature Golf' affixed. This type of promotion would be a fwther intrusion to our property if the use of this natural area for a commercial, non-ski oriented activity is permitted. - We thank you for your onsideration. , Sincerely, Will and Caro ' e Adams VaiULionshead Centre Condominiums, Unit 306 ' • 520 W. Lionshead Mall Vail, CO 81657 cc: Boazd of Directors, VaiULionshead Centre Condominiums/I.arry Sarnes, Vail Home Rentals. ~ , 4 ~ PI.ANNING AND ENVIRONMENTAL COMMlSSION Septernber 23, 1996 ~ Minutes MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Greg Moffet Gene Useiton Mike Mollica Greg Amsden Dirk Mason Henry Pratt Dominic Mauriello Galen Aasiand George Ruther John Schofield Judy Rodriguez Diane Golden Public Hearina 2:00 p.m. The meeting was called to order by Greg Moifet at 2:00 p.m. 1. A request for a conditional use permit for a Type II EHU, to be located at 1225 Westhaven Lane/Lot 43, Glen Lyon. Applicant: Sentry Construction, rep. by Pam Hopkins Planner: George Ruther George Ruther gave an overview of the request and stated that staff was recommending approval with the two conditions listed in the staff memo. S Greg Moffet asked if the applicant had anything to add. The applicant had nothing to add. Gaien Aasland stated that access to the lot was a concern, but he had no concerns with the conditional use permit request for the EHU. Diane Golden was in favor of the employee housing. Henry Pratt shared Galen's concerns with the access and had no problem with the conditionai use permit request. i , John Schofield had no comments. ~ ~ Greg Moffet, since Greg Amsden was not present for this item, stated Greg Amsden's concerns that came up at the pre-meeting. He reminded the applicant that it was the PECs understanding, with the granting of the conditional use permit, that no variances would be requested. Greg Moffet also stated that the applicant had met all the findings. Henry Pratt made a motion to approve the request in accordance with the staff inemo. Tne motian was seconded bp John Schofield. Planning and Environmental Commission Minutes September 23, 1996 1 • i • !t passed by a unanimous vote of 5-0. ( Greg Amsden was not present for this item on the agenda). ~ Pam Hopkins asked what the concerns were. ' Galen Aasland said there was not enough room to turn around vehicles. Pam Hopkins stated there was enough room to turn around. Greg Moffet said the turn around concern was in relation to the Fire Code. 2, A request for a conditional use permit to allow for a miniature golf course in the CC2 and AG/OPEN Zone Districts, focated on portions of Tracts B& D, Vail Lionshead 1st Filing. Applicant: Charlie Alexander Planner: Dirk Mason Dirk Mason gave an overview of the request and stated that staff was recommending approval with the one condition, as stated in the staff inemo. Units #206 and #306 in the Lionshead Center Condominiums have sent in two letters in favor of denial. Chartie A(exander stated that the only request he would ask of the PEC was to change the one year requirement to a five year period. Charlie stated that when spending this amount of rnoney, his banker woufd like to see a five year period of time before appearing before the Board for renewal. Greg Moffet asked for any public comment. There was none. • Greg Moffet disclosed, for the record, that Charlie Alexander was a customer of his and Greg Moffet didn't see a conflict of interest. If anyone did see a conflict, Greg would then excuse himself from this item. There was no objection voiced to his remaining on the Board for this item. ~ I John Schofield asked if this item could be recalled by the Board if the Board chose to grant a i term for more than a one year period of time. i ~ Dirk Mason stated that the appiication could be called-up if any problems or complaints arose. ~ John Schofield asked about the Lionshead Master Plan. Mike Mollica stated that by late spring or early summer of 1997, the Lionshead Development Plan should be completed. John Schofield asked if this operation was moving east from its present location? Charlie Alexander said, yes. Greg Moffet asked if this would be the existing, temporary, wood golf course. Planning and Environmental Commission Minutes September 23,1996 2 • Charlie Alexander said that this was a permanent structure. Charlie also said that Vail Associates owned the land and if they determined that the land could be better used, then that's what would happen. He also mentioned that this condition was in his iease. • Dirk Mason suggested an additional condition be placed on the approval, which would allow for the conditional use permit to be called-up, if the l.ionshead Master Plan suggested an alternative use. Galen Aas(and said it was a great use and agreed with Dirk's proposal. Diane Golden said it will be made more attractive than it is now. It was a nice addition to Lionshead and also gave the youth of our Town something io do. Henry Pratt stated that it was a good Iocation. Henry addressed the complaints from Units #206 and #306 and said that Garfinkei's Bar and Restaurant poses a much greater threat on their privacy than this use. Henry said in fairness to Charlie and the bank, as long as the PEC can call-up this application, he was in favor of a longer term. Greg Moffet was in favor of this use. The units that complained had trees to screen them from this operation. Greg was in favor of a longer term, to give Charlie an incentive to spend more money on the site to enhance the property. Henry Pratt made a motion for approval, in accordance with the staff's memo, with the addition of a second condition that if the Lionshead Master Plan required or suggested a different use, the approval could be subject to a call-up. Greg Moffet asked Henry to indicate in his motion, the term iength of the conditional use permit. • Henry Pratt amended the motion to include a 3-year period of time. ' Diane Golden asked the applicant if the 3-year period of time would work. Charlie Alexander said, yes. The motion was seconded by John Schofield. It passed by a vote of 5-0. (Greg Amsden was not present for this item). 3. A request for a site coverage variance to allow for the construction of a one-car garage, located at 742 Sandy Lane/Lot 3, Vail Potato Patch 2nd Filing. Applicant: Jeri Campisi Planner: Dominic Mauriello Dominic Mauriello gave an overview of this request and stated that staff was recommending denial, because the request does not meet the code criteria for a variance. Although it may not negatively impact other propert+es in the area, it would be a grant of special privilege. Greg Moffet asked if the applicant had any comments. Planning and $nvironmental Commission Minutes September 23, 1996 3 ~ Kerry Wallace, the attorney on behalf of Jeri Campisi, stated that the owner of the other half of the duplex, Betty Guffy, was here. Kerry stated that the lack of storage and the odd ffoor plan, I • with little or no closet space within the residence presented a hardship, in particular, in relation to the storage of recreational goods. The present two-car garage is not enough. She stated that , the applicant had a problem with parking in the winter, as she had a lot of guests. Kerry went on to state that the Campisi's have signiiicantly improved the property since purchasing it and that the new garage would further improve the site. The proposed garage was as small as the architect could possibly make it and the architect assured them that it would not eneroach into any of the setbacks. Right now there existed a drainage problem and by raising up the front of ~ the new proposed garage, this drainage problem would be corrected. There was also an existing security issue for Betty Guffy, since the door to her unit went past the bathroom. This security , issue was a serious concern. Kerry Wallace went on to state that this property was an eyesore, until the Campisis made some changes. There are a number ot 2 and 3-car garages in the area, so this request was not asking anything out of the ordinary. Greg Moffet asked for any public comments. Betty Guffy stated that she has owned the other haff of the dup(ex for 5 years, which is the upper third of the house. Betty stated that the Campisis are the perfect neighbors and have certainly fit the mold as neighbors that she would have chosen to jointly improve the property. Both neighbors agreed on the stucco improvements. The architect could solve the drainage problem with this new proposed add'+tion. When the Campisis unit was rented short term, there were a number of problems. Betty stated that she lived alone and security was a problem. Betty stated that 50 sq. ft. over the allowed site coverage is a minor overage. Greg Moffet asked for any other public comments. • Joe Staufer stated that he tived at 746 Sandy Lane. Joe was in favor of this request and said that it would not negatively affect any property owrners. Under the safety, welfare and health findrng, Joe stated that the security issue was the reason and the right to grant this variance. It was a dark neighborhood, which presented a safety factor. Joe stated that when he was gone, Betty Guffy was all alone on the block. He stated that granting this variance would give someone a better place to live. Joe said he saw no conceivab(e reason not to grant this variance. Dominic Mauriello stated that he had reviewed recent DRB plans. Dominic stated that the I applicant had just removed the former storage space, which was used to store snowmobiles, and I had created iiving area out of it, so thereiore, the result was a lack of storage. i Betty Guffy stated that her neighbor to the right of her, was in favor of approving this request. , Galen Aasland asked how big the existing 2-car garage was. ~ Dominic Mauriello said 600 sq. ft. and that +t had one garage space for each owner. Galen Aasland asked if the new garage would be the Campisis? Since the lot is over 15,000 sq. ' ft., Galen doesn't think the size of the lot was the problem and therefore there was no justification for a site coverage variance. The deck could be built without a variance to correct the security issue. Galen was somewhat bothered by the argument that the Campisis didn't have enough storage, when in fact, the remodel that was happening right now, did away with the storage. He stated that the owners, with the remodel, have created some of their own conditions and hardships. • Planning and Environmental Commission Minutes September 23, 1996 4 Betty Guffy said that any staircase would be buried in snow. She stated that both sides of the house were short on closets. Betty stated that she uses part of the garage for storage for her off-season clothes. She also stated that the existing entry door was ugly. ~ Diane Golden asked where the snow will be put? Dominic Mauriello stated that snow storage was up to the owner and there were a variety of solutions for the door. Betty Guffy said that architect Bill Pierce said that this garage and entrance was the best p(an and from the front of the house, this looks like the way it was meant to be. ft seems sitfy to pay $28,000.00 to just correct the drainage and not do the addition. Henry Pratt told Betty Guffy that she was extremely lucky to have owners like the Campisis who take pride in their ownership. Henry felt that identifying where the front door was less important than the security issue. He stated that they are entitled to a garage, but without the variance. This garage had no impact on the neighbors and so Henry would be in favor of such a variance, if there was a hardship. John Schofield agreed with Henry. John stated that the door was in a lousy Iocation. John tended to agree with Henry, that the hardship would be getting a parking ticket, while parked out in the street. Greg Amsden said that these were self imposed problems. There was no drainage problem when the house was first built; it happened with the expansion. The lack of storage doesn't hold an argument. A small deck would justify the safety concern. There were no justifiable reasons to go over site coverages. ~ Greg Moffet was in agreement with Greg Amsden. What you have here was a unit that was I maxed-out over what was permitted. There was a lot of square footage in the mass and bulk I that could have been used for storage. The storage problem has been self-created. Greg said I he doesn't see how this was not a grant of special privilege. ~ Henry Pratt asked what the area of the garage was? , Dominic Mauriello said each garage was 300 sq. ft. Greg Moffet asked for any more comments from the public. There was none. Greg Amsden made a motion for denial, per the staff memo and he added that the hardships were self-imposed. Galen Aasland seconded the motion. Galen Aasland said the lot was over 15,000 sq. ft. If it was under that size, it might be different. Henry Pratt asked if this should be tabled until the applicant came back with a better design. Dominic Mauriello said that he did not believe tabling would produce alternative designs, since it would still involve a site coverage issue. • Planning and Environmental Commission Minutes September 23, 1996 5 i . . . Greg Moffet asked staff if a carport was proposed, wouid it then not be GRFA? Mike Mollica said that could possibly be a staff approval, and it may not be GRFA, depending on ~ how the carport was designed. ~ The motion for denial passed unanimously by a vote of 6-0. 4. A request for an exterior addition to a master bedroom and bathroom and adding a 3rd floor, utilizing the 250 Ordinance, located at 802B Potato Patch/Lot 4, Block 7, Vail Potato Patch. Applicants: Padraic Deighan and Birgit Toome Planner: Dominic Maurieilo TABLED UNTII OCTOBER 14,1996 5. A request for a minor exterior alteration to allow for the construction of a walk-in freezer, located at 536 West Lionshead Mall/Lot 5, Block 1, Vail Lionshead 1 st Filing, Applicant: Mitch Garfinkel Planner: George Ruther WiTHDRAWN 6. Information Update Mike Mollica had no information update. • 7. Approval of September 9, 1996 minutes Mike Mollica suggested tabling the minutes, as there were more corrections on item #5 in the minutes. Galen Aasland had two changes for the minutes of 9/9/96. Diane Golden made a motion to table item #4 and the 9/9/96 minutes. The motion was seconded by Galen Aasland. ~ The motion passed unanimously by a vote of 6-0. ; Greg Amsden made a motion to adjourn the meeting. ~ Galen Aasland seconded the motion. The motion passed unanimously by a vote of 6-0. The meeting adjourned at 3:00 p.m. ~ Planning and Environmental Commission Minutes September 23, 1996 6