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HomeMy WebLinkAbout2012-0813 PECWilliam F. Move, Arihitecl Tyson Deirduff, Director of Architecturc Kathy I leslinga, Office Manager July 12, 2012 PROJECT NARRATIVE Upton Residence Garage 4192 Columbine Way Units 25 and 26 Bighorn Terrace PIERCE ARCHITECTS VAIL, COLORADO Nature of proposed use The Applicant would like to add an attached garage and associated vehicular access to an existing single family residence that exists on Lots 25 and 26. The Applicant proposes to install a heated driveway for access to the garage. There are several residences in the Bighorn Terrace project that enjoy similar benefits. The Garage is 25 feet by 15 feet (375 square feet). The property is in the MDMF Zone District. Bighorn Terrace consists of 26 individual, non conforming lots. The required setbacks in MDMF are 20 feet. There are few, if any, portions of the existing subdivision that meet that requirement. The combined Lot Area of Lots 25 and 26 is .163 acres (7,100 sq ft) allowing 3,976 square feet of GRFA. The existing residence contains 2138 square feet (775 sq, ft of GRFA upstairs, 1363 sq. ft. of GRFA on the first floor). The proposed garage will add 75 square feet to the existing residence, totaling 2213 square feet of GRFA. The garage is an Accessory Use in MDMF Relationship to development objectives of the Town Enclosure of parking is a goal of the Town and enclosure of parking would be required by a new development in MDMF, rendering the addition of the garage as a reduction in the non -conformity. Effect on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreational facilities, and other public facilities. No negative effect Effect on traffic The proposal adds parking spaces to an already non -conforming parking arrangement. The heated driveway improves snow management on the site. Effect on the character of the area The proposal matches the character of the surroundings F" 1650 Fallridge Road. Stuie GI Fail, Colorado 8 165 7 F: 970.476.6342 P: 970.4 7 6.4901 a-x1� .vailarciiitects.corn SHERMAN & HOWARD L.L.C. ATTORNEYS & COUNSELORS AT LAW 37347 HIGHWAY 6, SUITE 210 P.O. BOX 5559 AVON, COLORADO 81620 TELEPHONE: (970) 476-7646 FAX: (970) 476-7118 MEMORANDUM TO: Bill Gibson — Town of Vail Planning Department FROM: Wendy St. Charles DATE: August 8, 2012 SUBJECT: Bighorn Terrace Lots 25/26 (PEC 120027) This memorandum follows with our meeting of July 31, 2012, regarding PEC Application 120027, filed by Pierce Architects on behalf of the applicant/owner of Lots 25/26, Bighorn Terrace and is intended to supplement the referenced application to provide the town with additional information related to the project. The project consists of the installation of a single car garage with storage (in place of an existing storage shed) on the subject lot. 1. General History of the Development of the Bighorn Terrace Subdivision The "Bighorn Subdivision" was developed in 1962. The first phase of the development consisted of single family lots on the westerly side of the pond that serves as the central shared amenity of the subdivision. A copy of the plat for the initial development is attached for reference. (See, Exhibit 1) In conjunction with the initial development, in 1962 the developer recorded the "Declaration of Protective Covenants for the Bighorn Subdivision" (the "Declaration"). (See, Exhibit 2) The Declaration provides general restrictions governing the single family lots. A copy of the Declaration is attached for reference. The Bighorn Terrace Subdivision, within which the subject lot is located, was developed in 1967 and consisted or approximately 26 duplex style lots, two of which have since been consolidated into single family lots. (See, Exhibit 3) No separate or additional covenants were recorded with the development of the Bighorn Terrace subdivision. The remainder of the Bighorn Subdivision was developed into condominium projects. The subject lot, known as "Units 25 and 26 Bighorn Terrace" is a part of the Bighorn Terrace subdivision. 2. Status of the Consolidation of "Units 25 and 26" of Bighorn Terrace In 1983 PEC reviewed an application for consolidation of Unit 25/26 into a single family lot. PEC approved by a 7-0 vote the consolidation of Units 25/26 into a single family lot. A copy of the 1983 PEC minutes are attached, together with the consolidation map. (See, Exhibit 4) The tax assessor currently assesses Units 25/26 as a single lot. A copy of the assessor's record is attached. (See, Exhibit 5) Based on the prior consolidation, the units constitute a single lot. (P0177495.1) BUS_RE\4423355.3 Memorandum to Bill Gibson — Town of Vail Planning Department August 8, 2012 Page 2 of 3 3. Explanation of the access easement shown on the Bighorn Terrace plat. The Bighorn Terrace plat (Exhibit 3) consisted of 26 duplex lots, together with an easement designated for "access and utilities" laid over the lots, with a dedication of same for access to and from the lots. Also shown on the plat are various areas marked as "parking easements" for owners. The parking easement areas are not within the dedicating language of the plat. The plat notes refer to the parking easement areas as being "for the exclusive use of owners and residents of the subdivision" without further explanation. The parking easement areas have not been utilized strictly as parking areas, as a number of units have improvements built into and over the areas designated as parking easements. Some of the parking easement areas are paved and some have been utilized for shared parking. Other areas have been utilized for the benefit of a single property owner. Thus, there has been no consistent use or enforcement to date of the areas designated as parking easements. Such areas do not constitute enforceable easements, without each owner agreeing to ratify and maintain the designated areas on their respective lots for shared parking. Excerpts of "Bighorn Mutual Sanitation & Recreation Association" (the "Association") minutes dating back to 1979 are instructive to confirm the intent of the developer with respect to the designated parking easement areas on owner lots, as reflected in the following: • The Association's 1979 meeting minutes (as memorialized in the Association's rules through the 1990s) provide that "[ilt should be understood that Bighorn Mutual & Recreation Co., has no ownership interest in, or legal jurisdiction over, any of* the privately -owned properties, " which would include `parking areas. " (A copy excerpts from the 1979 minutes are attached, together with 1990 consolidated rules at Exhibit 6.) • The Association's minutes further provide that "the paved parking areas are on privately -owned land and are not part of* the common area." Thus, the association (and its members) have no jurisdiction over those areas. (See 1990 consolidated minutes at the top of page 3.) The area over which the driveway and garage will be situated is fully within the applicant's lot and no portion of the area has been utilized for parking since 1967 (with the exception of a small triangular area of existing pavement within the applicant's lot that will be utilized to achieve the proper radius for access into the driveway). The garage project will not reduce the number of existing paved parking spaces or have any other material adverse effect on the parking. In fact it will result in a net improvement by creating additional parking for the applicant and thereby reducing the congestion in the other parking areas. 4. Purpose for the Location of the Garage as Situated on the Site Plan Parking in Bighorn Terrace is inadequate to meet the needs of the subdivision and at the end of the access road where the subject lot is situated the congestion is severe, with residents often resorting to parking within the access road blocking access to the applicant's home. The installation of the (P0177495.1) BUS_RE\4423355.3 Memorandum to Bill Gibson — Town of Vail Planning Department August 8, 2012 Page 3 of 3 garage and driveway will create additional parking and eliminate the need for the applicant and guests to utilize the limited, existing parking. The original proposed design for the garage utilized a car width of the existing paved area on the applicant's property for access to the garage. At the request of the neighboring owners, the applicant redesigned the driveway to preserve all existing paved areas for parking as an accommodation to neighbors. As a result, in order to provide access to the garage that meets the requirements of the code, the garage was shifted westerly and toward the southerly property line, requiring the current variance requested in the application. 5. Characteristics of Subdivision Consistent with Granting of the Variance Requested The size and number of lots within the compact Bighorn Terrace subdivision have resulted in the need for numerous variances being requested and granted over the years to enable owners to use and enjoy their properties consistent with appropriate needs recognized by the town. By way of example, at least 16 variance setbacks have been granted in the subdivision, as summarized in the setback variance granted for Unit 19, Bighorn Terrace under PEC 05-0088. (See, a copy of PEC 05- 0088 attached at Exhibit 7) Installation of a garage on the applicant's property is a good and necessary use of the applicant's lot and benefits the subdivision overall by creating additional parking for the subdivision. Existing parking allows for approximately 1.5 cars per unit. Owners generally have two cars per unit, without factoring in guests. 6. Association Review of Plans • Association approval of the project is not required, although as a courtesy the Association board has been advised of the project and comments have been considered. (The Association at its annual meeting expressed no concern with the design and location of the garage but reserved comments on access.) The Declaration, as explained above, pertains to the original Bighorn Subdivision, which consists of singlefamily homes, the Bighorn Terrace subdivision and two condominium developments. There is no separate declaration or governing association established for the Bighorn Terrace subdivision. The original Declaration did contemplate some level of architectural review, but no governing review board for the Bighorn Subdivision has ever been established. • The only active association, being the Bighorn Sanitation and Recreation Association by its "Articles of Incorporation" limits its purposes to managing and caring for "property of the corporation" which property is limited to the pond and adjacent skate house. (See Article 3(a)) All improvements proposed in conjunction with the garage project are situated within the applicant's lot. The association by its own articles has no jurisdiction over improvements within an owner's lot. Further, there is no architectural review board in place nor process in place through which an owner could seek approval. (A copy of the articles is attached. (See, Exhibit 8) (P0177495.1) BUS_RE\4423355.3 _ u •.. - Yap n j K �f•Y o�3 i fr lei � - g�N lip, s a.. D :5 � 7 r "'e;n V "S [ IIS11 oom j_ ,.g 3CYaI x 'gig �h3 m N 2 M 9s rx a t^ e ^a a €a .. t.. �a r A sea .. W Q PIR t�-t 'sa :101,� 11% �3: 7 - Yz� 8 V o:t: :•:A S-: t Wy� SSS Is R .�� NG yyi b�rh pw S•. �O�AN pNA inn G ; �o¢g�S�a�I'E`'x'o �XI��M�� W d eve."; R .• ;; :5 tiSY Bt�Bk58-� -; r W `s ' hSe� C•y AX MAX I s P ��a Now �F _ u •.. - Yap n j K �f•Y o�3 i fr lei � fide g�N � o v C• ^, n �f 7I RK, r`3 ya:N �F w SE LL WG�J I 5 53 o r4• �y lane y'1 -F �r $ �F e a • R� 8 1 WTI— = _ j � o �f 7I RK, �r $ �F e a • R� 8 1 DECLkRATION :QF PRO'fECTM COVE' HAiVTS FOR THE 'BIGHORN '13UBnIVISION EAGLE .Co UIQ DEVELOPM-W CORPORATIO1 , i Col- orz s; corporation, fee owner of the re.ril' tsrnn¢rt• I ,o, -Asa. -.-4 scribed, hereinafter referred to as 't he "Grantgr", heret makes ana,dec foll6win Xsrea tine g 1imitations,:resirictic and •.rises upon;, -and af. said property as restrict acid px �.' 7 five.covenana, tb gh reference:h6reto in ail tieeds'ar: v contraets.for'sale issued'bp said Grantor to ox for any "of. said pro e' as as benefits and obligations' runn-ing w� the p F y;. and as binding upa�i..the 'Grant br'and--upon V parties Claiming unda .paid Grantor and upah all future F. of aby. part of said propertyso long as th'e'se r2atricti �.: `•' -:� , covenantsshall: remain -in fbfc a and. effect as now writte �... as .h,ereafter aItered: PROPEM-A nCTED. These covenants arm he }� iaade. applioable to the " following described property in E .,county' -Colorado': rte'• . - . Beginriing:.at' a point -on the gest ftne of. Sects . ', :"1�;' Tac�ishig 5 Sotit~h, R.arige .Btl,Westi .of the 6th, Prineipal Meridiare., 'County of `Eagle, -State of Colorado. Said-pOinr: being S '00 x9` 00" E a :distance' df, 99$:67 .feet. ,from the' northwest cox ner of •saki Section' 3.2 and also being on the southerjy right=of-wa'y line of U. S. Highway No, 6; 'ThenceS 460 24' 00".E a distance of 7Y8.70 feet to, the, pdirit off- curvature to the left,. ,,having; a .radius ot x'915.00 feet and, a .central angle- of- 60 53'; Thence southeasterly along the arC of said cur a.distance of 350.17 thereof;. feet to the'point of tan- gency Thence S 530 17' 00" E, a'distance of 1221.00 -• feet to a point, said pint being 6n the south F ly right of way line of existing U. S.' Highway No. 6; i Thence S 360 43' 06" W a distance of 320.00--fe Thence N 56°.13' 01" W a'distance of 240.00 fe Thence.N 390 45' 00".W a distancelof 171.52 fe :Whence N'830.45' OJ" W a•distance of 225..44 fe Thence-N'620 .061 00" W a distance of 182.00 fe r Thence N 300 00' 00" ;' W •a distance of 200.04 fe Thende, N 710-01' 0111 W a distance of 221.67 fe ! Thence N 600 44' 37" 14 a distance.of 196.12 fe Thence S 270 06' 39" iq a distance of 30.94 fee Thence S 780. 241. 00" W a distance . of 271.80 fe Thence ,S 890 41''00" W a distance of 149.30 fe .. to a point on the wrest- liana of said Section 12 Thence It 000 19'.,00" W along the gest line 'of Section 12, a distance of 489.20 feet, : Thence N 55° 19' 4J'•' W a distance of 222:84 fe. -Thence N 340 41' 00" E a distance of 318.25 fe to a. point on the -west' line of said Section 12 Thence N 00° 19' 001' W a' distance of 288.35 fe• to- the point of beginning, except that . ldt- ind to be-Parcel "A"... . .. 2:• GENERAL PURP05ES:. These covenants are mad: for ,the purpose of,.'creating and keeping said-subdivision �•:. !': far a.'s possible, desirable, 'attractive, -benefic'ial., usiifr and. •suitable in- arch.itecturel design, materials and appe. -'2'.. ' � - s s limiting the use to residential buildings for Lots 1 ti l$; .and gtiarding, against 'tires 'and- unr►ecessary interfe: with the.. natural. beauty and improper uses of adjoining perties in the �S bdivisiort; s.l.l for the imtual benefit protections of.all owners of said property. 3: ARCHITECtURA.L APPROVAL-.' No improvemerit be commenced, construct"ed•, placed or altered on -any bu site or.. lot unti-I Che- b'uiiding plans including plot p and: specifications) and s-dffi.ci,.ent 'descri.ption' for e'ac Sowed type .'of. .improvement ��ave been in each instance f �o the Grantor and -by it-approve'd in writing; such apF to cover, conformity and ba=ony of external desrgtr of T improvements; the location thereof in relation to lot topography --and grade; and the ".location and character method •of --uti,lization' of all 'utilities. Grantor agree :uge reasonable judgment- in Maing u0on such submi.tte( ' and desarip,tions",' but sh;al not be liable to any per's( G3rantor's •actions in .connection with submitted plans ascriptions, unless i.t''ahall be shc'wn than it acted wii or wrongful i.nte'nn. In passing upoir plans and speci+f Grantor shall., consider the suitability of the improves and of the materi:al.s as tal.ated t6 the site involved, nature of. adjacent, and. neighboring improirer�nts , the of Cha materials -tic be utifized and the effect of any :posed improvement upon the outlook, value and aesthet " of neighboring properties. If Grantor fai.l•s .to-:,ppro disapprove the submitted plans and descriptions in an a � - within -sixty days After j have been. Submitted to it, the. ` 't approval of the Grantor " hereunder shall be preB,Aneci, l f the, owner: shall: undertake ..tbi! construction-6r alteration: o£ - .� any tmpra-4ewnt ali.6wed haret�ndex,`-but without advance ap proval of- his plans- and deScript3ons',': and if no suit has begirt eiameaced to.enjoiri_ aiscYc construction, prior to the completion -thereof, the approval-of,the Grantor hereunder . sha11•be pzeatimed'. . 4j lAND USE: The Ic-ts -in Bigho7- Subdivision h y = sbalbe, tissii • fo_z ;.that fa17 +3tiaiirg 'poses I.i ;`�.LYyi�l'F•� •+` • ::., .:, . '-, .' •..• r.:.-::•private., ..Cboiigh : 8 shall.-be usedax�l Y. for p . nce's+:i7iti asitia] ✓appurtellant, garages!. and 'other covo e` thssi • two • se • arate apart not, mor j� R'Id�Jrr yl. rl�rit8.1ti�, ''{• _ -: f - .. ttti.liz�edaa "Gran,torr deter- hops, .,�{ff���,;,•. •,,ra:'ipts;:19�,.•.24;.&nd2r.•"maY,be -. x.`.56 '..•.. 1'•�; .ca • ..3r .; :;,, , �I,tii:•,,,:,,.,::;•�, :,� :.J. : . � "aha s'Yservice Shops .texe1 d1.hS P ' . , . ... • , ,. • • . .4Fvi S.;,j;*%`.;-. ,tib; '. Tr. .,. �iJ: ;G.f �i;v..;.; :z r.• _.(, c,:. . h'Waver,RY saztai�ob��.e serviee st�axlona) , xest'surazita,. tea zooms, cffice9, or' me;3icaj, clinics. 5, EASI'N'fS EaSeaaetxt and rights—Of—way fOr roadan c �.0 i1 C `'eas rsats•.a�re—k6served as shown upon the p1aC off•„Bighorct.Subdiv3s'on as.zecardeci in the Office of {,.., . Fti I> the Cler3 a' iaA Recarderr, Eash :Crony y, Colorado, .on December ,. 1952.1 as•' Recept"ion' N'o. 95766; and appea.rin in the •plat F Book -of that:..office at Paige 52. Th8 rights-af-:way for ros8s , ,..so,.zeServed may.,:be'used.•tor tt3g�twap travel or for 8ny :utility ;.:: • ; services that at_ any, tier -may be available in that area, in- . , eluding electricity, :gas,,-telephone acid- other s3xmilar services. „' - - r 6. SIGNS: No signs, billboards or other advertia- ing s�'ructua,e of any kind shall be erected, used or maintained . _.: -:.... =. on any' iot for any purposs whatsoever, except such commercial signs 'as. wave been approved by the Grantor either for identi- - m -r' q q r� £iOation ofresidences -or l.aci�s of business or other com er- ' cial ttses;''especial•ly aYr Lots 190 and 21. 7. WATER: , EacE• structure- designed for occupancy Di use b � human . beings �.->t; •• "` ' s shall_, connect -'with• waCee- 'faciliti.es wade' l av'aila:K: •. ". at t izt ttxe future by the Grantor. No pri- -uate woe3 s'•s'Risl ' be`';tiaed' as' �A. -source of 'coater for. noun con - ?gat ori: ' Each such 'structure si all be provided ' c4'ry �� .F:. ,.;+ •'card., . �':, �- .-�. .�''--•.;. :.. .- ,,. ' -,:a,:rapt c"� ik_rfcir 'd'i8posal' o 9@W&;and.meahanical $ax- :; .': b dis as ,'£ac Xi ieg'.'sixsill tre prow d in each kitchen L refuse shall t,b<iiatci:tdx'3�; 3`d �,itkt te.'igl�`xn subdivision-, idJ&? D B: excep ini i s' f�k�h _Y"i� �:+'. •'-.'�>1c�°`•--st"iy._'^+::a yr`7.:i�: SN // - w aciaisra o s' its a3 3 ed' Frith the�/a'pproval `of -,Che - GzanCor . ' . Eae4 nr px�ip��C ^o SII{F 4xwriiie auitidlaIie, seceptac3es for the t, �coA§ctiiri .af ze ise''an '< lI such re- z<scze&ii�d �fiOmC:pulie view -and 'protected •� 9:. ' x;�VES�CK:• - Na' - ima.ls, livestock, harass or 7:c poultry (except' dogs, cats. and- other pets for'househol.d err-. s•:,;;,` , t,. andte kept, raisedoY ntot for camm?rsial', urPflsea) sha3lob ! or bredin rhe subdivision. I 10. TREES:-Trees'naturallS existing upon a lot, except to the extent necessary for construction purposes, shall not be cur, trimmed or 'removed' from the. prope-ictias; except that the.Grantor may approve same.thinning or trimming • if it seems desirable 11. SET BACK Rt.gUnEb ENTS t Where shall be no• general rule f6r.-the location of* improvements with relation ` to property. 'lines; but -'all. .actual: construction ai.tes shall_ receive - the advance approval . of the Grantor.' _- 12. . LANDSCAPING:' .All surface areas 81sturbed by. . co at'i'ttc iasi sha d be xetun6d promptly' to their natural k=%� ;eoftdi.tioT _zdd'' regla>ited' in -native grasses; but' the Grantor, XaE 4,lrprove :aoaetitixaCion o£.gaxdexis; lavms, and exterior. 'iYi' 13: ES 'T:o - F 'a: NA2S: Nkora, name, ..eymbgl, or. -c= - q: meed: to•''identify.' for aomwerc: al S � J Purposes,; struct�jre' buli.ness or: service iii,l3ighorn Sub- v=: x' = clivi siou u:sless;: } •s=e .� ik . bave been-. pp ,� -..;;, • first .a rcrv'e$ , in . 4 h •writidg,by, rt or•i- .. e - ;,1.4 ;TEM�'Q1tARY'�STtLUc:l'URES• No. -,-temporary structure,- excajraioxi, ,:iiaeent.; trailer or. tent s#tal l be tiermtteii• in ic: ; .. �• the : sitb'divi aioxt; except : as„xaay be deeXmined : to be neessaiy during construction aziii' =$pe fica7l 8utharized by the ; GraxttorAi' !1J. .. 60MrIN,U�T'Y t6r C{IAt TR [ TTlnv- di nt �,.riarna ' ?; :... co enced :in the Ughorn Subdivision shall be prosecuted :di,li.gerit;ly to c plet•ion and shall be, coinpleted within twelve `435 �+_-....,_e...........�••r.:,..�.,._.,...w„_ry ,...._,.. »....... _..,-_.___._ .. .. :j, r; months of _—<tmencement un Less some exception is granted in writing by -the- Grantor. + Zb'. NUISANCE: No noxious or offensive activity shall. be carried on within the subdivision, nor shall any- thing be, done or permitted which shall. constitute a public nu3.sance .therein. 1,7-1 EFFECT' AVD DURATION OF COVENANTS.. The condi•- tions,restzictfona, stipulations, agreements and cavettants ;. .,..�._. coritained herein shall be. for Cha benefit of and binding upon ^eeach tract: in the Bighorn Subdivision, and each', owner of pro•- �rtF. Chexein, his successors, re�axesentativea .andsaign Ps sA �..`= and shall -continue 'in lull £once and effect unti L_January 14•.x' -''-• •' �.,.... 1999, at which' £'ime• they shill be automatically extended for five successive terms .o£-..tete., years .,each. '1$. MENDMEirl The condi.tiona, restrictions, sti- M ' Iatioiis -a dements and covenants' contained herein shall . not be •waived, : sbandobed, terminated, or amended except by -. written :oon]sent of the owners of., 75% of the privately owned :=5 %and ` na ude .within `the-bc*indaries of the Bighorn Subdivision, >7 . As ,• the ' same y Cheri `be..shown` by the plat on £i.le in the-of- he-o£-five ficeof the, Clerk and Recoardev of Eagle. County, Colorado. .y 19. LNGRGBMENx': 1f .any person • shall violate or I�{; threaten to 'violate any .of, the. provisions of this instrEmzent, it shall be lawful forry pei.son or persons owning real pro •;1: petty in- tete' Bighorn Su division to inatitute ,proceedings at law or in. equity to enforce the- provisions of this instrument, 'threatening violate to restrain the"person violating or to them and. to recover .,damages, actual and punitive, for such violations. - ? T..i i +nw. •Y,S• +�,�i+�;''�S; :'.1i• '.,a."!:' 01�j?NA, ry,y:• 4.� J l a. .1 20. SEVERA.BTL�: 'I'nvalidation of any orie of the provisions of this. instrtmwant by ,judgwnt or, cpurt -order Mr - ;.�' •' '," or decree shall f.n"zin wise effect any•o� file oehex provisicsrss . which "shall, remain- iri fiYll force 'and .effect. CdRPOy' In Vi.tness Whereof,-EAGLE COUNTYiDMLDPMNl` av y WION,-by'authority of',3ts Board of'Directa3rs, has caused �.,�(1 this insult to be executed-•by its'Ptesfdent'. atta'sted '" .. by its Secretary ,axed its. ebrporate• seal hereto affixed 'this day of December., 1962, '"E\C•,tl+C':'i Lar}}'e-'.i^. . ,s - - •' - ' EAGLE COUNTY DEVE OFMENT CORPORATrON " �� �7,7i}.115x'•. t..ti4. .,i.l'' $ecret8xyf y !� .��, ••;=-:• • STAB 'bF ' CO%C3�tA�' • .... } • CITY SAND'0XfiiTY'01?' DEMR. } '" :�: taxi , tiiiB "rVVV day of l7eceiab�-_r, -1362,• before, ase ap- . Y F', peared WM. DAMESsonal.l.y knomvz , who being duly. ' :. swam dill say..tha�t, he is President of. Eagle County Developmerit ;V ' : cox oration ' A Oolorad.o aor oratinx7 and that the,seal affiked P p , to the foregoirig instrument is. the ''cogporate seal of said 'cor- ?' - oratian ani that the, fore o.in instrument was si gnaci ' and 'sealed p g g, _ 'behalf in of said car orat ion by its. Board of T3ireotorg and President acknowledged said fnstr'umeiit to be the free act ` s51. deed aee rid' d of said or orltion and W. H. Heidtbrink .)'r. as cp y. r _ F r� - 1 � s ")1 ''' d� l� }1y''`'l�r�+'•'.' lj t Y 1,Y i du"� t.. F�`ti '.=•f fs s, I •,. - '•,�s: �'=': f mss: )i� i �. �' i t' ,?".: �..: ri ;%-.r`` ,.�,. r fs, r. ` t':;1,-.�.. .•µ� .�_'1 ?[r� .-.5 -,'Y)` f. r_ri'. �.S12 .:1• ��-� y. `':i ' ::fir•.. ��i: .ti -++r4 _ .;`'T=1: �•; , 4 4 c �. �tX'7� y1 s )•r ft-, � \°j. 7 •S �\, to �` r � J iiS1�Lih %j. �i ice'( � .y''. i,`: C �' f.:'{� i�i`, t . .;'t:,1•: __ .-...�. :. .�Y.; ,^Y- •[�'� ':Ji':'r' err,`.. .I:.l ''-try.,. x�. ��, .irk^�:� t*`� �n,�'`IJ•,"� . . 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Al jL I -PA a MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: August 16, 1983 SUBJECT: Request for a minor subdivision to vacate a lot line between lots 25 and 26, Bighorn Terrace Subdivision. Applicant: Ted Stockmar THE REQUEST The Stockmars own a duplex, units 25 and 26, located in the Bighorn Terrace Subdivision. The owners wish to add an entry, build an enclosed room for a ,jacuzzi and eliminate one kitchen from the structure. The structure will be used as a single family unit. The lot line common to units 25 and 26 runs directly through the center of the structure. Given the current configuation of the lots, remodeling would require various variances: ,� GRFA variance would be required to build the entry on lot 25; the entry also would not meet setback requirements because of the lot line. After lots 25 and 26 are consolidated through vacation of the lot line, no variances will be required for the remodeling and the building will remain well within GRFA limitations. After the remodeling takes place the consolidated lot will house approximately 1870 GRFA with 2468 GRFA allowable. See attached site plan. CRITERIA FOR APPROVAL The criteria to evaluate a minor subdivision is outlined in the Purpose section of the Subdivision Regulations. Section 17.04.010 (B) appears below: To these ends, these regulations are intended to protect the environment, to ensure efficient circulation, adequate improvements, sufficient open space and, in general, to assist the orderly, efficient and integrated development of the town of Vail. These regulations also provide for the proper arrange- ment of streets and ensure proper distribution of population. The regulations also coordinate the need for public services with governmental improvement programs. Standards for design and construction of improvements are hereby set forth to ensure adequate and convenient-7traffic circulation, utilities, emergency access, drainage, recreation and light and air. The Stockmar application complies with the purpose of the Subdivision Regulations. STAFF RECOMMENDATION The Department of Community Development recommends approval of the requested lot line vacation. By consolidating the lots, a single unit shall be standing on a single lot; this situation makes more sense than a single structure standing on two lots. The application also conforms with the purpose section of the Subdivision Regulations. In addition, the applicant shall be able to improve the residence without asking for variances. 0 0 ` PEC 8/22/83 -18- 8. Request for the modification of a conditional use perrflit in order to expand the playgound to accommodate a sodded soccer field at the Vail Mountain School at 3160 Katsos Ranch Road._ Applicant: Vail Mtn School, Inc. Peter Jamar showed the site plan. Ron Todd, representing the Mountain School showed a topo and explained that when they applied for the permit, they didn't have a topo of the site. When they saw the steepness, they weren't sure they wanted to spend the money to level the ground over such a large area, but would perhaps level a smaller area. Donovan stated that she would like the school to go for the full size field, as long as they kept the berm. Pierce, speaking as a member of the board of the Mtn . School, stated that they would like to increase the field while not asking for a specific area. Viele moved and memo. The vote an seconded to approve the ame 5 in favor with Pierce and Cor d request as an abstaininq. r zne sza 9. Request for a minor subdivision to vacate a lot line between lots 25 and 26, Bi horn Terrace Subdivision. Applicant: Ted P. Stockmar Jim Sayre explained that the reason for the request was that then no variances would be required for a remodeling to a single family unit. He added that after the remodeling takes place, the consolidated lot would house approximately 1870 GRFA with 2468 GRFA allowed. He added that the staff recommended approval because the application complied with the purpose of the Subdivision Regulations, and because a single unit then would be standing on a single lot, rather than on two lots. He added that three trees could be replanted or replaced, with this concern passed on to the DRB. After discussion, Corcoran moved and Viele seconded to approve the request per the staff memo. The vote was 7-0 in favor. The meeting was adjourned about 5:00 pm. LI r w /e i e UNIT 26- r r � LOT l l 1u � w rT f � 1 J r\ o ACCESS AND "—� U r rY rY -•-.� CASFM.E 1� .o LOT LINE 'to — VACATED M� •---EJySE1,iENT LIN o ygELLITO F? MAIN f� I _� �BE VACATED �`�.,.� - PA kfasfiM m tENr I. VG DWELLING' cu -77 TOTAL AREA ' 0.16 CRSS m 5� UN 1T 25 CD S' -10 / f A15 j. • I r i N B2'17'30"W 79.0 r„ err �+E�Fr �.n11� Vi�1i.,_LJIIVJ L�vr�7r.r,JfCld, .�Ji�lIJJI�EIE�tvIVr !0' I3� AqL O F ' AIE w ISr 46,v5 1 R Vc.-rjo/U • ti �r Blas I ]R!J, yN 4i ]H1 61 F% RLVR -v1pj523,;9C IIxwq�pY d4V fN I'3Yld"5 OtlV A::AI 3U9f: -.SYf1 Npgylll :L`I�NSSV�,4y,"L' _ _, oy5,N�1i3iuuv AN�,y5. 9N0 SttY'iN' J,a(<;J15 v U H N'JtAI p Q A 0 M1 6 I � k � I l � � Lo ...awr ois'1 1 1 a»p 1 ae es Y { f � y I ' VLr'V'.�Y..J S1 v"�!'.k._ L-1 D Account Account: R033973 Page 1 of 1 Location Oivrrcr Information Assessment llistory Parcel Number 2101-122-14-028 Owner Name UPTON, ANNE S. Actual (2012) $745,400 Tax Area SC103 -'VAIL (TOWN) - SC 103 Owner Address 15 ROCK CREST DR Primary Taxable $59,330 Situs Address 004192 COLUMBINE WY CAPE ELIZABETH, ME 04107-1655 Tax Area: SC103 Mill Levy: 46.9000 Legal Summary Subdivision: BIGHORN 'Type Actual Assessed Acres SQFT Units TERRACE UNITS 25 & 26 Improvements $462,440 $36,810 0.000 2357.900 0.000 BK -0211 PG -0474 MAP 10-13-62 Land $282,960 $22,520 0.161 0.000 0.000 R862673 GWD 11-20-03 Transfers Sale Price Sale Date Reception Number Book Page 06102/2009 200911293 10/14/2008 200823125 518.000 ti 7110/ 1968 � B: 0213 11: 0693 518.000 02,114/1968 B: 0212 11: 0 195 Images • Photo • Sketch • (IS http://property.eaglecounty.us/assessorltaxweblaccount.jsp?accountNum=RO33973 8/7/2012 __ r http://property.eaglecounty.us/assessorltaxweblaccount.jsp?accountNum=RO33973 8/7/2012 __ UPTON, ANNE S. 15 ROCK CREST DR CAPE ELIZABETH, ME 04107-1655 Property Record Card Eagle Account: R033973 Tax Area: SC 103 - VAIL (TOWN) - SC103 Acres: 0.161 Parcel: 2101-122-14-028 Situs Address: 004192 COLUMBINE WY VAIL AREA, 0 Valise Summary 1112 - SINGLE FAM.RCS.-LAND Percentage Legal Description Value $ Market Override Subdivision: BIGHORN TERRACE UNITS 25 & 26 Y 6652 - BIGHORN HWY 6 Super Neighborhood BIC -0211 1 G-0474 MAP 10-13-62 Land (1) $282,960 N/A R862673 GWD 11-20-03 Single Family $557,850 $458,240 Residence (1) Extra Feature (1) $2,160 N/A Extra Feature (2) $2,040 N/A Total $845,010 $745,400 Public Remarks Entry Date Model Remark Land Occurrence I Single Family Residence Occurrence I Land Occurrence 1 Abstract Code 1112 - SINGLE FAM.RCS.-LAND Percentage 100.0 Use Code 1000 - RESIDENTIAL Neighborhood 140 - BIGHORN TERRACE Land Code 6652 - BIGHORN HWY 6 Super Neighborhood 100 - EAST VAIL / BOOTH FALLS Size 7047 Zoning 32 - MDMF SubArea Land U Total ACTUAL EFFECTIVE 2358 2,358.00 HEATED FOOTPRINT A#: R033973 P#: 210112214028 As of: 08/07/2012 Page 1 of 4 Property Record Card Eagle Land Occurrence 1 Value Rate Rate Rate Rate $282,960 120.00 Single Fami1V Residence Occurrence 1 Abstract Cade 1212 - SINGLE FAM.RES- Percentage 100.0 FOOTPRINT IMPROVEMTS 1465.9 1465.9 Use Code 1000 - RESIDENTIAL Neighborhood 140 - BIGHORN TERRACE Building Type 121200 - SFR Arch Style 3 - 2 STORY Exterior Wall 8 - WD SID LOW Percentage 50.0 W DD 16 - FR STUCCO 254.5 50.0 Roof Cover 4 -BUILT-UP Roof Structure 3-GABLEIHIP Interior Wall 5 - DRYWALL Percentage 100.0 Floor 23 - CERAMIC TL Percentage 20.0 5458,240 125.39 14 - CARPET INV 194.34 80.0 Heating Fuel 3 -GAS Heating Type 3 - FORCED AIR Air Conditioning 0 - NONE Actual Year Suitt 1967 Bedrooms 5 Bathrooms 3 Construction Quality 3 - FAIR Effective Year Built 1990 Fixtures 12 Rooms 8 Units 1 Units 1 Super Neighborhood 100 - EAST VAIL / BOOTH FALLS Stories 2 - STORIES 2.0 Use Code 1000 - RESIDENTIAL Garage 0 - NO GARAGE SubArea ACTUAL EFFECTIVE HEATED FOOTPRINT BAS 1465.9 1465.9 1465.9 1465.9 FUS 892.0 892.0 892.0 892.0 STO 24.0 19.2 24.0 W DD 1272.6 254.5 1272.6 Total 3,654.50 2,631.60 2,357.90 3,654.50 Value Rate Rate Rate Rate 5458,240 125.39 174.13 194.34 125.39 A#: R033973 P#: 210112214028 As of. 08/07/2012 Page 2 of 4 Property Record Card Eagle Single Fami1v Residence Occurrence 1 Extra Feature Occurrence 1 XFOB Code 100 - FIREPL. F Abstract Cade 1212 - SINGLE FAM.RES- IMPROVEMTS Percentage 100.0 Use Code 1000 - RESIDENTIAL Neighborhood 140 - BIGHORN TERRACE SubArea ACTUAL EFFECTIVE HEATED FOOTPRINT XFOB Units 2 Total 2.00 Value Rate hate Rate Rate 52,160 1,080.00 Extra Feature Occurrence 2 XFOB Code 330 - HYDR-TUB A Abstract Code 1212 - SINGLE FAM.RES- IMPROVEMTS Percentage 100.0 Use Code 1000 - RESIDENTIAL Neighborhood 140 - BIGHORN TERRACE SubArea ACTUAL EFFECTIVE HEATED FOO'T'PRINT XFOB Units I Total 1.00 Value Rate Rate Rate Rate 52,040 2,040.00 Abstract Summar Code Classification Actual Value Taxable Actual Taxable Value Override Override 1112 SINGLE FAM.RES.-LAND $282,960 $22,520 NA NA AM R033973 P##: 210112214028 As of: 08/07/2012 Page 3 of 4 Property Record Card Eagle Abstract Summar 1212 SINGLE FAM.RLS-IMPROVEMTS 5562,050 $44,740 $462,440 $36,810 Total $845,010 $67,260 $745,400 $59,330 A#: R033973 P#: 210112214028 As of: 08/07/2012 Page 4 of 4 Excerpts from the minutes of Bighorn mutual sanitation & Recreation co. Meeting of October 13, 1979 There then followed a general discussion of Parking problems and it was agreed that these minutes would repeat the company's rules for use of cvsrnon adopted in the NOvember 13, 1977 :aeetzngParkin� areas asThey. aretrepeated here as follows. r`A Rule for Use of Common Parkin Areas, The common parking areas awYied by the Assn-Ciatl n are for the reasonable use of all owners, their tenants and guests, subject to the control of the .hoard of Managers. It is xecagniZed that parking spaces are limited and consist of little more than space for ane and cine -half spaces per unit every if the highest degree of voluntary cooperation exists. All, con- cerned are requested Particularly to park so as not to block the ingress and egress of others and to make every effort to cooperate with the snow plower so that the parking areas can be cleared properly and economically for everyone Q s benef,ta Special cooperation is asked sn that those Parking areas in close prOximitY to the individual units are available to the occupants of such units Everypne is rem.iiided also that much Of the space between the individual duplex units is private Property and should not be infringed upon without the permission of the owners.. spec'f'cal.ly prOhibited without the empress pe'rzissiara Of the Board of mangers is the per_ are hit at we long-term parking ar stOrage of vehicles used only infrequently and under no cirm c=stances shall, oversiged vans, mobile homes, trailers, campers and similar Vehicles or equipment, whether truck mounted or stared, or any read build- ing, construction or similar equipment be allowed in the commas larking areas a n AMENS AND REGULaTIONS D BIGHORN $+TU'i'UAL SANITATION RECREATION Co. (corLsolidated as of may 1, 1990) The ownership of properties within Bighorn Mutual. Sanitation &.Recreation Co. is somewhat different from typical condominium ownership. Building A is owned by eight individual owners subject to a condominium agreement covering that building only. The same is true of Building B and its owners. Each of those 16 owners owns one of the 41 shams in the Bighorn Mutual Sanitation & Recreation Co. Units D-1 through D-26 are each constructed on separate' parcels of land owned by the owner of the unit in the same fashion as an ordinary house and lot would be owned in a town. The same is true of the two separate houses at the northeast corner of Bighorn Terrace. Whoever owns one of the D --Units also owns one of the 43 shares of the Bighorn Mutual. Sanitation & Recreation coo The same is true with respect to the northern of the two indi.vidua.l, houses in the northeast corner of Bighorn Terrace. For some historical reason, the owner of the southern of the two houses is not entitled to a share in the company, Also within Bighorn Terrace are several common areas owned by the Company for the equal undivided use and benefit of the owners of the 43 shares of the Company. The common area generally includes: 1. Parking areas, 2. The Bighorn pond and the streams flowing into and out of it and the area surrounding the pondF including what has been Called the skate house; 3. The skate house is not generally available for the use and benefit of the Company shareholders because it contains several apartments that are rented to provide a source of funds to take care of plowing, parking- area resurfacing, beautification, etVr P The common areas are shown on the map attached hereto. It should be understood that the Bighorn Mutual Sanitation & Recreation Co, has no ownership interest in, or Legal jurisdiction over, any of the privately --owned properties described above. It does, however, awn and has legal jurisdiction 0 -ver the common areas. The Town of Vail, as with all private property within its boundaries, also has a legal. Jurisdiction for certain matters over the areas of and activities within Bighorn Terrace, Rules and regulations relating to the use of the common areas -have been adopted by the Company over the course Of -many years as reflected in minutes of its annum, meetings. These rules and regulations have been consolidated and codified in this document so that each owner may have all of the rules and regulations in one place for his information and for the infox-oration of his tenants and users US OF POW D AREA All owners and their guests and tenants are welcome to use the .pond and the area around it for recreational purposes. children under age 14 may fish in the pond with any kind of fishing equipment and keep whatever fish they catch. Adults and young persons over 14 may also fish in the pond but are restricted to use of barbless hooks and are required to return to the pend whatever fish they may catch. No fish should be handled unless the handler -s hands are Preto Boating on the pond, swimming Ln it, playing around it and in the streams flowing in and Out, of it, as well as skating or otherwise playing on the ice covering the pard in winter is understood to be at the sole risk of whoever is using the pond and of the parents of minors using the pond. The Company assumes no liability with respect to such activities and does not provide a watchman, caretaker or lifeguard as part of its management of the common areas, the cThe Company has provided barrelsfor in the pond area or ollectiOn of trash and pond users are requested to place their trash in these barrels. No trash should be thrown into the pond or the streams Bowing in and out of it. some access to the pond is over privately -owned prOperty. Such access is based upon revocable permission from such owners and it is understood that no ownership rights are accruing to users by their use of such access The pond area is not to be used for the steerage of any vehicles, equipment or other material -2- SE or DSIOvTwa mw. AS There are no assigned Parking spaces, Of the paved parks areas However, some are on Privately -owned land and are not part of the commm on areas. These areas can be identified from the map Of the common areas attached, The utmost cooperation and courtesy should be extended by everyone to everyone else so that the convenience of all O"ers, guests and tenants can be maximized. IT IS ABSOLUTELY ESSENTIAL THAT EVERYONE COOPERATE IN REMOVING VEHICLES FROM THE COMMON AREAS AND ROTATING TOTEM SO THAT THE SNOWPLOWER CAN DO HIS JOB PROPERLY. THIS IS PARTICULARLY IMPORTANT WITH RESPECT TO VEHICLES TMPEDTNG ACCESS TO THE SNOW STORAGE AREAS. Vehicles -hoar are member periods simply left unmoved for long of time tO pose a problem for the rest Of the members of the Association wild, be towed away at. the Owner°s expense. Withrespect to ,the cul-de-sac -- Columbine Way - arrangeanents are made with the snowplower to opera a traffic Zane before 7:00 aim, each morning after or while it is snowing if this is necessary to permit ingress and egress Parking vehicles in the narrow parts of the cul -de --sac causes unnecessary traffic problems and makes effective snowplowing difficult. The snOwPlower has been instructedtoPlow as close as Possible o vehicles so parked, he Company will Piot be responsible for damage to vehicles improperly parked. truckParking is limited to automobiles, vans, pick-up s (including those with covered reds) -hoar are in frequent Use by owners, guests and tenants, storage of Vehicles is n©t The long 'term trailers permitted nor is the parking of campers, motor homOs or any vehioles in which a person might sleep or eat is not permitted without the express consent Of the Board of Directors. fire lThe little roadway between Buildings A and B is a ane for the protection Of Buildings A and B and the D -Units in the western part Of the cul de sac. This fire lane is to be kept open at all times so that fire equipment and hoses may have access ENFORCEM ANT pP RYJLEB The Beard Of Direotors has the authority to enforce these rules and r'egulatior,s and will treat continuing violators of the rules according to the fo.11ewing sequence: -3- A. The Board will first determine whether the Violations can be tolerated, in which case no action will be taken. In this respect the Board may consult with the particular owners affected by the problem Be Friendly persuasion, of the violator will be used to attempt to cure the problem, Co It friendly persuasion fails to cure the problem, then the Board of directors may serge written notice on the owners of the oCCupant of the unit responsible for the violation to cure the problem within a specified time. In this respect owners are fully responsible for the actions of their tenants and guests D. If the problem is not cured within the tune stated in the foregoing notice, the Board of Directors may either (i) by formal notice to the owner, remove the owner's rights to use the common area; or (ii) impose a daily fine on the offending owner until the problem is cured. The suspension of rights to use the common areas shall be for such period of time as determined by the Board of Directors. If fines are levied and not paid, the unpaid amount shall be considered a lien on the offending owner's interest in the common areas and will be subject to foreclosure. Any vehicles or equipment situated on the common areas notwithstanding such suspension of rights shall be toured or otherwise removed at the owner's expense, GENERAL Bighorn is primarily a family and residential area with most of the owners involved in improving and upgrading their respective properties and their values, It is essential that the s, guests and tenants in using the common areas act courteously as goad neighbors with fall, respect for the private ownership rights of others. TFSp/AD9 _4- Bb •t�5g9i gh_ $r �-1f i �•z 4 �6d wa �Rw`wLsit . uBewrY�t �C r - - �.: �•rl �y� Y# 7JR I� � L` UI i• � Ni �v P".a .rG r `s •'Z`� . `'J �" �yM x� '•}� ` 9�i 0.! LS L. .�- z�qr;, �k''a�:>_":•,:s�j-":cam �vrj�= �3L �. i`!c: r I: �t ! a�Vh, : W M 4 S a I r}ti — p��;as �� •'°-st III m ngig hyo 1�/jj}' s y So3vin 56SY��r r s F.+ 3=op9�°y-S��o �gVS;�Sg�;YY39F� r>_Fxr��rrbyY ��vYi�`s�BirYs MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 12, 2005 SUBJECT: A request for a final review of a variance, from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition within the side setbacks, located at 4247 Columbine Drive, Unit 19/Bighorn Terrace Subdivision, and setting forth details in regard thereto (PEC05- 0088 ). Applicant: Catherine H. Petros Planner: Elisabeth Eckel 1. SUMMARY The applicant, Catherine Petros, is requesting a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition within the side setbacks, located at 4247 Columbine Drive, Unit 19/Bighorn Terrace Subdivision. The requested variance is the result of a proposal to construct a new entryway addition upon an existing duplex structure. Staff is recommending approval, with conditions, of the requested variance because a practical difficulty or hardship exists and approval of the variance would not constitute a granting of special privilege to this property owner. DESCRIPTION OF REQUEST The applicant, Catherine Petros, is requesting a variance from the side setback regulations specified in Section 12-6G-6, Vail Town Code, in order to. construct a new entryway at the duplex residence they share in the Bighorn Terrace Subdivision. Currently, the duplex is one of twenty six duplexes within the Subdivision, which was annexed into the Town of Vail in 1974. The Town zoned the Subdivision Medium Density Multi -Family (MDMF) at the time of annexation, which prescribes twenty foot setbacks at the front, sides, and rear of each lot. Because the zoning designation was applied to the. lots following the construction of the structures, multiple hon -conformities resulted upon each lot within Bighorn Terrace. The area proposed for expansion is located at the front of the residence and includes sixty-eight (68) square feet Gross Residential Floor Area (GRFA) of the allowable 250 square foot addition allotted to Unit 1.9. The purpose of the addition is to form an enclosed entryway. According to the Town's files, no variances have been requested or granted to Unit 19 to date. The footprint of the duplex under consideration (as well as many other duplexes within the development) lies somewhat askew atop the property line. As a result, the duplex is located completely within the western side setback_ The duplex also currently extends as much as fourteen feet (14') into the eastern setback, leaving a six foot (6') side setback near the northeast corner of the Lot. Because the side setbacks figuratively "overlap", no part of the lot is free from the encumbrance of side setbacks. As a result, the applicant is requesting a variance to build within the western side 1 setback and to extend by seven feet (7') into the eastern setback. The encroachment into the eastern side setback will not result in an encroachment greater than that which already exists today 0 41 There will be no encroachment into the front or rear setbacks as a result of the proposal. The applicant is concurrently proposing to replace in the same location the exterior stairs and deck located at the front of the residence within the parking easement, which is twenty feet (20') deep and encompasses the same square area as the front setback. Ill. BACKGROUND Many other Lots within the Bighorn Terrace subdivision have requested and been granted setback variances for new construction. Following is a list of associated requests and recommended support or the lack thereof by Staff, followed by the vote of the PEC. Date Applicant TXtoe of Request Amount of Variance Staff Recommendation PECAction 1977 Benysh GRFA 130 square feet Approval Approval Setback 8 feet Approval Approval 1978 Rowe GRFA 473 square feet Denial Approval Setback 7. 5 feet Denial Approval 1978 Alder GRFA 75 square feet Denial Approval Setback 8 feet Denial Approval 1978 Turnbull Setback 7 feet Approval Approval 1980 Curfman GRFA 177 square feet Denial Approval 1982 Odum GRFA 122 square feet Denial Tabled Setback 18 feet Approval Tabled 1983 Houston GRFA 80 square feet Denial Approval Setback 16 feet Denial Approval 1985 Sherr GRFA 50 square feet Denial Approval Setbacks (3) 3, 11, 13 feet Approval Approval 1985 Nicholson GRFA 395 square feet Denial Denial Setback third floor directly above Approval Approval 1990 Benysh Setbacks (2) 13, 15 feet Denial Approval 9990 Nil€son Setbacks (2) 11, 15 feet Denial. , Approval 2005 Pefros Setbacks (2) 7, 20 feet Approval A vicinity map depicting the location of the residence is attached for reference (Attachment A). Reduced copies of the proposed site plan and elevations are attached for reference (Attachment B) as are photos of the existing residence (Attachment C), the written request from the applicant (Attachment D) and the public notice which preceded the request (Attachment E). .IV. ROLES OF REVIEWING BODIES The PEC is responsible for evaluating a proposal for: Action: The PEC is responsible for final approval/denial of a variance. The PEC is responsible for evaluating a proposal for; 2 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. Design Review Board: Action: The DRB has no review authority on a variance, but must review any accompanying DRS application. Town Council: Actions of the Design Review Board or the Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the DRB or PEC erred with approvals or denials, and may uphold, uphold with modifications, or overturn the Board's decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Zoning Regulations Section 12-2 Definitions SETBACK: The distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures, orbuildings on the site Section 12-6G-6, Medium Density Multi -Family District Setbacks: In the MDMF district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). Section 12-17 Variances (in part) 3 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict orliteral interpretation and enforcement, variances from certain regulations maybe granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. 12-17-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION: Within twenty (20) days of the closing of a public hearing on a variance application, the planning and environmental commission shall act on the application. The commission may approve the application as submitted ormay approve the application subject to such modifications orcondifions as it deems necessary to accomplish the purposes of this title, or the commission may deny the application. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the commission may prescribe. 12-17-7. PERMIT APPROVAL AND EFFECT - Approval of the variance shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion within two (2) years from when the approval becomes final. V. ZONING ANALYSIS Address/Legal: 4247 Columbine Drive, Unit 20/Bighorn Terrace Subdivision Zoning: Medium Density Multi -Family (MDMF) Development Standard Allowed/Required Existing Proposed Lot Area: 10,000 sq. ft. 1,747 sq. ft. Setbacks: Front: 20 ft. 27 ft. Sides: 20 ft. 6 ft. (E)10 ft. (W) Rear: 20 ft. 1.5 feet Building Height: 33' 23' GRFA: 978 sq. ft. 1,175 sq. ft. Site Coverage: 786 sq. ft. (45%) 632 sq. ft. (369/0) Landscape Area: 524 sq. ft. (30%) 1,115 sq. ft. (64%) Parking: 2 spaces 2 spaces no change 23 ft. 13 ft (E)10 ft. {Wj no change no change 1,243 sq. ft. 700 sq. ft. (40%) 1,047 sq. ft. (60%) no change VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: High Density Residential Residential Cluster South: Medium Density Residential Two Family Residential East: Medium Density Residential Two Family Residential West: Medium Density Residential Agricultural Open Space VIII. CRITERIA AND FINDINGS A. Consideration of Factors Regarding the Setback and Parking Location Variances: The relationship of the requested variances to other existing or potential uses and structures in the vicinity. This lot is located in a neighborhood with lot sizes generally smaller than 1,500 square feet. Because the subdivision was platted and constructed prior to annexation and the application of a zoning designation, a number of non -conformities exist within the subdivision, including numerous setback encroachments. As designated in the referenced chart, multiple homeowners within the subdivision have requested and been granted variances for encroachments into the setbacks in order to expand and or update the facades or interiors of the homes. The applicant's request is similar in nature to previously granted variances. Because each lot within this subdivision has experienced "physical difficulty due to the size, shape or dimensions of the site", Staff feels that requests such as the ones granted have been warranted. Staff recommends that, if the request is approved, it be paired with conditions which aid in the improvement of other aspects of non -conformity on the lot, such as a redesign of the existing deck and staircase to allow for at least partial placement of the non -conforming parking that is currently located entirely within the Town of Vail right-of-way instead of within the twenty foot parking easement designated at the front of the Lot. This may involve reducing the existing deck form its current depth on Lot 19 of eighteen feet (18') to approximately three feet (3') in depth and locating the existing staircases to the east and west of the remodeled deck instead of at the south of the lot, where the stairs currently exist directly within the parking easement. Concurrently, Staff recommends that the applicant provides increased landscaping in front of the proposed addition for additional screening of the residence, which currently exhibits significant street visibility. Additionally, because the party wall and the property line of the duplex are not aligned, Staff recommends that this issue be brought into conformance through an updated plat, also as a condition of approval. Therefore, because the applicant's proposal involves no encroachment into 5 the front setback or the parking easement (therefore the placement of the proposed addition will not affect the amount of open space between Unit 19 and surrounding units) and does not involve a variance request from site coverage or landscaping requirements, Staff feels that this request may concurrently improve conditions upon this lot if paired with appropriate conditions of approval. 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 sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Strict and literal interpretation of the setback regulations within the Bighorn Terrace Subdivision has not been historically enforced by the Planning and Environmental Commission due to the widespread non -conformities that exist within the subdivision as a result of the timing between construction, annexation, and zoning designation. Until this point, the PEC has clearly supported similar treatment of the duplexes in this area, which has involved frequent approval of variance requests similarto the.proposal currently under review. Staff recommends that the PEC discuss future treatment of setback variances for lots within this Subdivision in order to continue to allow for equal treatment while not providing an unnecessary amount of relief from the regulations. 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. The proposal will have some effect on the amount of light and air within the Subdivision, though the location of the requested addition concerns the periphery of the development, which faces Columbine Drive, where the amount of available light and air is greater than the amount of light and air within the Subdivision. Asa result, the effect on light and air would be less intrusive than if the addition was proposed at the east or west sides of the duplex or at the inner areas of the Bighorn Terrace development. The proposal will increase the amount of bulk and mass upon the site, though will not increase the "depth" of encroachment into either of the side setbacks. Staff's suggestion for increased landscaping at the front of the lot may help to provide more flexibility for the Town, should the parking easement ever need to be permanently accessed for parking, the use forwhich itwas clearly intended. The effect of the proposal on the distribution of population, transportation and traffic facilities, public facilities and utilities and public safety, will not be substantial. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. The Planning and Environmental Commission shall make the following findings before granting a variance: - g � 6 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 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 6maiers of other properties in the same district. IX. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of the request for a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the construction of gross residential floor area within the side setbacks located at 4247 Columbine Drive, Unit 191 Bighorn Terrace Subdivision based upon the review of the criteria in Section Vil l of this memorandum and the evidence and.testimony presented as well as the findings listed below.. Staff recommends that, should the Planning and Environmental Commission choose to approve the application, the following findings be made a part of the motion: 1. That the granting of the variances 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 variances will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the strict interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Regulations. 4. That the strict interpretation or enforcement of the specified regulation will deprive the applicant of privileges enjoyed by the owners of other properties in the same district_ Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the -following conditions: 7 Prior to design review of the associated application, the applicant shall provide plans designating the reduction of the deck size and the relocation of the stairs to provide a fully accessible parking easement. 2. Prior to the receipt of a Temporary Certificate of Occupancy by the Community Development Department, the applicant shall plant landscaping to the equivalent of three {3} six to eightfoot tall coniferous trees to the south of the proposed addition in order to visibly reduce the perceived bulk and mass of the addition. 3. Prior to issuance of a building permit, the applicant shall obtain from the Public Works Department a revocable right-of-way permit for the parking that will remain within the Town's right-of-way. 4_ Prior to the issuance of a Temporary Certificate of Occupancy by the Community Development Department, the applicant shall receive approval of a revised plat for Lots 19 and 20, which delineates a property line congruent with the existing party wall. 5. This approval of this variance request shall be contingent upon the applicant receiving Town of Vail approval of the related design review application. IX. ATTACHMENTS A. Vicinity Map B. Reduced Plans C. Photos D. Applicant's Request E. Publication Notice 7 12-17-1: Purpose: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and- unnecessary physical hardships inconsistent withthe objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. VI. SITE ANALYSIS VII Address: 4242 East Columbine Way, #8 Legal Description: Lot 8, Bighorn Terrace Zoning. Medium Density Multiple -Family Residential Land Use Plan Designation: Medium Density Residential Current Land Use: Residential Standard Lot Area (min): Setbacks (max): Front: West Side East Side: Rear: Density (max) GRFA (max): Allowed/Required Existing Proposed 10,000 sq. ft. 1,568 sq. ft. no change 20' 15.4' 11.9' 20' 0' no change 20` 9.5' no change 20' 14' no change 1 unit 878 sq.ft. Site Coverage (max): 705 sq.ft. (45%) Landscape Area (min):470 sq.ft. (30%) Parking (min): 2 spaces 1 unit 813 sq.ft. 432 sq.ft. (28%) 1,136 sq.ft. (72%) 0 spaces no change 582 sq.ft.* 478 sq.ft. (30%) 837 sq.ft. (53%) 1 space (enclosed) * The proposed garage area is deducted from the GRFA calculations. SURROUNDING LAND USES AND ZONING 0 Land Use Zoning North: Residential High Density Multiple -Family Residential South: Residential Medium Density Multiple -Family Residential East: Residential Medium Density Multiple -Family Residential West: Residential Medium Density Multiple -Family Residential 0 Design Review Board: Action: The Design Review Board has NO review authority on a variance, but must review any accompanying Design Review Board application. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Staff. The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memorandum containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review, process. V. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Article 12-6G: Medium Density Multiple -Family (MDMF) District 12-6G-1: PURPOSE. The medium density multiple -family district is intended to provide sites for multiple -family dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with such public facilities as may appropriately be located in the same district. The medium density multiple -family district is intended to ensure adequate light, air, open space, and other amenities commensurate with multiple -family occupancy, and to maintain the desirable residential qualities of the district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, and where permitted, are intended to blend harmoniously with the residential character of the district. 12-6G-6: SETBACKS: In the MDMF district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). Chapter 12-17: Variances 3 may be a basis for granting a variance from the Town's current zoning regulations. Several similar setback variance requests have previously been approved within the Bighorn Terrace Subdivision, including Lots 5, 7, 9, 11, 17, 20, 22, and 23. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for acceptability of use and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval/deniailapproval with. conditions of a variance. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas_ 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. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. Conformance with development standards of zone district Lot area Setbacks Building Height Density G RFA Site coverage Landscape area Parking and loading Mitigation of development impacts 2 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 13, 2004 SUBJECT: A request for final review of a variance, from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a variance to allow for a residential addition, located at 4242 East Columbine Way/Lot 8, Bighorn Terrace, and setting forth details in regard thereto. Applicant: Kathryn Benysh Planner: Bill Gibson I. SUMMARY The applicant, Kathryn Benysh is requesting a variance from Section 12-6G-6, Setbacks, Vail Town Code, to allow for a residential addition at 4242 East Columbine Way, #8. Based upon Staff's review of the criteria in Section Vill of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of the variances subject to the findings and conditions noted in Section IX of this memorandum. H. DESCRIPTION OF REQUEST The applicant is the owner of Lot 7 and Lot 8, Bighorn Terrace. Lots 7 and 8 comprise the west and east halves of an existing duplex which was originally constructed under Eagle County jurisdiction in 1967. The applicant is proposing to convert a portion of the lower level of the east unit (Lot 8) into a single -car garage. To comply with the Town of Vail's minimum interior parking space size standards (9'x18'), the applicant is proposing to construct a 45.6 sq.ft. expansion to the east unit. The existing residence currently encroaches 4.5 feet into the required 20 foot front setback requirement, and approximately 8 feet as proposed. The applicant's proposed architectural plans have been attached for reference (see Attachments B). The provisions of Section 12-17, Variance, Vail Town Code, determine the review criteria and review procedures for a variance request. Ili. BACKGROUND The existing residence located at 4242 East Columbine Way, #8 was originally co.Qstructed under Eagle County jurisdiction in 1967 and later annexed into the Town of Vail in 9974. The existing lot and structure are both non -conforming in regard to numerous provisions of the Town's zoning regulations. The Planning and Environmental Commission has consistently held that construction of a structure prior to annexation or the adoption of the current zoning regulations .13 Planning and Environmental Commission has previously approved similar setback variances for eight other Bighorn Terrace lots_ Staff believes the applicant has proposed the minimum necessary amount of deviation from the setback requirements to facilitate the construction of a single -car garage space that conforms to the Town of Vail's parking space dimensions standards. Therefore, Staff believes this proposal will provide the minimum relief from the strict and literal interpretation and enforcement of the setback regulations necessary to achieve compatibility and uniformity among sites in the vicinity and within the Medium Density Multiple -Family district. Additionally, the Planning and Environmental Commission has consistently held that construction of a structure prior to annexation or the adoption of the current zoning regulations may be a basis for granting a variance from the Town's current zoning regulations_ Therefore, Staff does not believe this proposal will constitute a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff does not believe this proposal will have a significant impact on the public health, safety or welfare, public facilities, utilities, or light and air in comparison to existing conditions of the site. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. The Planning and Environmental Commission shall make the following findings before granting „a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same 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. 0 VIII. CRITERIA AND FINDINGS The review criteria for a request of this nature are established by Chapter 12-16, Vail Town Code. A. Consideration of Factors Regarding Variances: I. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. This proposed addition is associated with a remodel of an existing residence originally constructed in 1967. Both the existing lot and the existing residence are non -conforming in regard to several the provisions of the Town's zoning regulations. The Planning and Environmental Commission has consistently held that construction of a structure prior to annexation or the adoption of the current zoning regulations may be a basis for granting a variance from the Town's current zoning regulations. Staff believes the applicant is proposing to upgrade an existing non -conforming parking situation in a manner that is in keeping with the general character and architectural style of the neighborhood. Staff does not believe this proposal will have any significant negative impacts on nearby existing or potential uses and structures in comparison to the existing conditions. 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 sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Again, both the existing lot and the existing residence are non- conforming in regard to provisions of the Town's zoning regulations_ The Bighorn Terrace subdivision was platted under Eagle County Jurisdiction in a manner which is not consistent with the Town of Vail's regulations. When originally platted, each half of a duplex at Bighorn Terrace was divided as a single lot. Theses single lots are now treated as individual non -conforming lots which do not conform to setbacks, lot sizes, parking, etc. Under today's regulations, the Bighorn Terrace would be platted as a single lot for zoning purposes and subdivided into condominiums or single-family subdivisions for ownership purposes, thus eliminating many of the current non -conforming issues. This proposal improves an existing non -conforming parking situation; however, it does increase the discrepancy of non- conformity in regard to setbacks. Due to the degree of non- conformity in regard to setbacks for all of Bighorn Terrace, the 5 b. 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. 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. IX. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-.17, Variances, Vail Town Code, to allow for a residential addition; located at -4242 East Columbine Way/Lot 8, Bighorn Terrace, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the granting of the variance will not constitute a granting 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 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 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. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the following condition: I. This variance approval shall be contingent upon the applicant receiving Town of Vail design review approval for this proposal. X. ATTACHMENTS A. Vicinity Map B. Architectural Plans C. Public Hearing Notice 7 NOT f�R PROF'# Yp. 1 SL �• r r'�Js" I-$ IDBS ARTICLES Off' INCORPORATION OCT r OF STATE Of CURADO C.DEPARTMENT 0f STATE BIGHORN MUTUAL SANITATION & RECREATION CO. r The undersigned natural person, acting as incorpo- rator, hereby establishes a nonprofit corporation pursuant to the Colorado Nonprofit Corporation Act and adopts the following Articles of Incorporation: ARTICLE I .The name of the corporation is Bighorn Mutual Sani- tation & Recreation Co. ARTICLE II The corporation shall have perpetual existence. ARTICLE III (a) The purposes and objectives of the corporati.bn shall be to serve as a homeowners` association for the sole pt'rose of acquiring, constructing, ;tianagrig, mal'an-ing aiid-,caring for the property of the co. o at .on., ,' ,a `-t.he . betviefit of all of the owners of a part 'of or 2:0-8 and 24-C, Bighorn Suiidivisiori:, Resibdvas-i:od..of.,: Lot `20; Ainended, Map, County of, Eagle., • stet-- �`ci f -. C-61ora:do r 1. , .. .. -1w (b) Powers. In furtherance of the foregoing pur- poses and objects (but not otherwise) and subject to the restrictions set forth in section (c) of this Article the corporation shall have and may exercise all of the powers now or hereafter conferred upon nonprofit corporations organized under the laws of Colorado and may do everything necessary or convenient for the accomplishment of any of the corporate purposes either alone or in connection with other corporations, farms or individuals, and either as principal or agent, subject to such limitations as are or may be prescribed by law, ARTICLE IV The address of the initial registered office of the corporation is 1700 Broadway, Suite 1800, Denver, Colorado 80290. The name of its initial registered agent at such address is Ted P. Stockmar. 7 T'MmTl rT TY The corporation shall have such classes of members a -may :from time to time be prescribed by its .byl,aws . The voting powers= of, each c1a..s,s and their tenure, ,manner' of election or appointment, qualifications, ..terms of .,member_ ship, - right -s', powers, pr -1 -vi leges .<and-• irnmunitie.s ..s.4all .b;e .as from time -..to time-statb�d in the b l is`. VPting.pow..r.s.may --f2— be denied to any class either generally or in any limited way, as long as the corporation shall have at least one class of members having unrestricted voting power. The corporation shall have no capital stock. ARTICLE VI Cumulative voting shall not be allowed in the elec- tion of directors or otherwise. ARTICLE VII The.management of the affairs of the corporation shall be vested in. a Board of Directors. The number of directors shall be three. Their term of office and manner of their selection and election shall be determined accord- ing to the bylaws of the corporation from time to time in force, The names and addresses of the initial board of directors are as follows: Name, Address Dr. Joseph Hanlin 2403 Virgo Drive Colorado Springs, Colorado 80906 Richard 'A. Burks Ted P. Stockmar 4207 East Columbine -Drive Vail, Colorado:365.7 1700 Broadway, ,Suite 1,800 Denver, :,Colox.a O 802,90 -3- ARTICLE VIII The initial bylaws of the corporation shall be as adopted by the Board of Directors. Such board shall have power to alter, amend or repeal the bylaws from time to time in force and to adopt new bylaws. Such bylaws may contain any provisions for the regulation or management of the affairs of the corporation which are not inconsistent with law or these articles of incorporation, as the same may from time to ti -me be amended. However, no bylaw at any time in effect, and no amendment to these articles, shall have the effect of giving any member, director or officer of this corporation any proprietary interest in its property or assets whether during the term of its existence or as an incident to its dissolution, ARTICLE IX The officers of the corporation, their term of office and the manner of designation and ,selection, the voting and other rights and privileges shall be set forth in the bylaws of the corporation, ARTICLE X Conveyances or encumbrances of all or any part of the corporate property may he made only upon the affirmative vote of eighty percent (80%) of the members of the corpora- tion voting at a regular or a special meeting of the members, -4- but no fewer than a majority of all shareholders of the cor- poration, and the President shall be authorized to execute instruments of conveyance or encumbrance, and the seal of the corporation shall be affixed thereto and attested by the Secretary. ARTICLE XI i The name and address of the incorporator ._s: Lino S. Lipinsky de Orlov 1700 Broadway, Suite 1800 Denver, Colorado 80290 r, Dated: October 0 , 1985 'I CO r§0 rato r s -5- I VERIFICATION STATE OF COLORADO ? ) SS, CITY AND COUNTY OF DENVER ) a notary public, hereby cer- tify that on this '2� day of October, 1985, personally appeared before me Lino S. Lipinsky de Qrlov, who being by me first duly sworn declared that he is the person who signed the foregoing document as incorporator and that the statements therein contained are true. (SEAL) Q-\"' A, \\-- - C., " S�' TVN No ary blic My Commission Expires -6- s _ 3,LSA06[N Zs e � \ =1 Ji 1 � aw AR jjl e�744I i o p _, Ali �aF � - I e � \ =1 Ji 1 jjl e�744I i o p _, « « « «. v. .. ._ , � . \ .»: . < as » \ , ���° % �m� , .� \ d\ � � . � � � . . �va.a . . < :° �� � � m� ) . � <«a�«\ww �°: yr� >� \�) . «:. . � 2d ©\ \ ^,.. d »<, � �� � y v � �\ � � � d^ k� \ � « k' � \ G� \ � � \ d. »�/ _ § � \ y S —r— �G� N-Lit7 93 MERE 3 � A -jl 1I a Bighorn Sanitation and Recreation District Vail, CO 81658 August 7, 2012 Town of Vail Office of Planning and Community Development 75 S. Frontage Road Vail, CO 81657 RE: Proposed Garage Addition and Access: Upton Dear Sirs: The following is a letter expressing "Concerned" in reference to the above application. As an Association's Board of Directors we understand the desire of Ms. Upton's application and her assertion concerning her private property and thus desire to place a garage adjacent to her duplex. We believe Planning should have some background information concerning the situation. The parking issue pertaining to Ms. Upton would not have become an issue except for her neighbor to the north, presently a renter and an absentee owner who have not been accommodating concerning the communal parking system used by the Association since its inception back in 1964. We feel this is a temporary matter yet Ms. Upton's plans will be permanent and may set a precedent for other owners in our Association desiring private parking and subsequent access at the behest of other owners and Association members. While the plans may indicate private property lines and access easements, all delineated prior to annexation by the Town of Vail, the site plans submitted do not provide the history and workings of the Association since 1964. Since 1964, the Association has worked within the confines of communal parking. Of note, Ms. Upton's father, the late Ted Stockmar was a strong proponent of the communal parking system as well as an original owner within the Association. The shared parking arrangement and use of "private property" for snow storage has been in place for just shy of 50 years. While there have been issues concerning parking in the past, they have generally been worked out between neighbors based on the edict of shared resources for the common good sans legal representation and Draconian solutions. It is unfortunate a new owner by descent desires a garage space and thus disrupting a system of shared resources for their own personal benefit. While the applicant's plans include commentary provided by the Association, such commentary was not and is not to be considered approval of the plan as submitted. The following negative consequences will be in force if the application is approved. • Loss of at minimum one (1) shared parking space used by the Association. A commodity in limited supply as is. • Loss of snow storage area which has been in use for 40+ years sans dispute or complaint. • Increase in non -permeable land area i.e. natural landscape converted to a paved and radiant heated driveway increasing run-off and potential impact to our pond west and downhill from the driveway. • Light and noise pollution from cars using the driveway impacting multiple units within Building B of our Association. The Association understands the development as presently situated and defined would not conform to present Town Code. We are well aware of this. Our easements and shared parking arrangements hark back to an era of one car households and a spirit of shared resources and responsibility as well as the good neighbor policy. While we may be living in an era of legal representation, the reality is The Association has handled such matters for close to 50 years without disruption. The Association understands we may have to look into the reallocation of parking resources and snow storage. However at present the Association is "Concerned" the proposed design submitted by applicant due to its ramifications of one property owner's desire versus -the common good of 41 other Association members. The Board of the Bighorn Sanitation and Recreation District hopes the Town of Vail will review the attached addendum concerning access and specific conditions to which the Association may change our opinion of the proposed garage and access. Sincerely, Mark Campbell Tom Fowler ; Allen Pachmey�dr Joseph Sobin � _ 1 Addendum to Letter: • The Association wishes Ms. Upton would revisit the possibility of accessing her proposed garage directly from Columbine Drive (south of her lot) via an existing emergency vehicle easement. The easement at present is a graded pedestrian path. If paved at Ms. Upton's expense, the easement could serve a dual purpose i.e. emergency vehicle access and access to Ms. Upton's garage. This option would be the most minimally intrusive and disruptive to the whole Association. The Association wishes Ms. Upton to utilize her proposed driveway and garage concerning parking for residents of her home as well as visitors, guests, employees associated with the Upton Residence. If Ms. Upton requires additional parking for an event, gathering or similar, she shall advise Association and adjacent neighbors to her desires which may or may not be accommodated • The Association wishes to retain the right to use unimproved private property adjacent to Association owned land for snow storage. Historically unimproved private property has NOT been delineated and snow storage upon these areas has been to the benefit of all Association members. • The Association wishes the above requests be incorporated in the Deed of Trusts pertaining to the lots affected. Bill Gibson Subject: FW: Bighorn setback From: salsagat@amail.com Finailto:salsagat@amail.coml Sent: Thursday, August 09, 2012 9:41 PM To: Bill Gibson Subject: Bighorn setback Dear Mr. Gibson - Patrick Cassidy here, owner of Bighorn condo B-1. I was talking with Diana Donovan earlier about the proposed setback directly behind our building and walked over to see it today and just wanted to let you know about a few concerns I have about the proposed garage and driveway. Normally I would like to see an improvement like this in the neighborhood, but two things about it I'm not so sure about. First, I think the zero setback from the property line is a bit much to ask and is a bad precedent to set, and would serve to close off the little open space between the two properties. I don't mean open space in some kind of environmental sense; rather in the sense that the properties are already too close as it is, but I do understand that the structures were built before codes were put in place. The second issue I am concerned with is that apparently, from looking at the plans, it seems that the headlights of the car going into the garage will be uncomfortably close to our building and shine directly into my neighbors' windows with no barrier to mitigate it. I would think that this might be somewhat of a nuisance and might negatively affect property value. If the plans could be changed to address these two issues I would welcome such an improvement. Thank you for your time in reading this. Yours, Patrick Cassidy East Vail Sent from my Kindle Fire August 9, 2012 RE: 4192 E Columbine Way..garage variance Vail Planning and Environmental Commission As the owner of units 4, 6 and 8 (4 and 6 in partnership with my children) I strongly oppose this proposal for the following reasons amongst others. 1. It is a negative impact on our units which are occupied fulltime thus acting as employee housing. 2. There are other locations for the garage that are less of a negative impact and more conforming to town regulations. 3. This Bighorn complex was designed with the unbuilt areas to serve as buffers between Bighorn Terrace and Buildings A & B. The standard setbacks do not exist within this group of complexes including our Building B. The garage wall will be in the "face" of 4 of the units in the 8 unit building. The headlights from the unnecessary turn around area, which will also serve as a parking area, will shine directly into bedroom and bathroom windows. 4. The loss of major, mature vegetation. 5. The proposal for a new building for a garage and a turn around area is certainly non conforming for this compact development built in the 60's. 6. Drainage onto our property appears to be a valid concern. 7. Putting a structure that close to our building would seem to be a fire hazard and would preclude ever burying the overhead utility lines between our complexes. 8. Buildings A and B should be shown on the maps as this Water and Sanitation District was planned to work as one complex. In fact, we all share ownership of the pond open space and the rental unit on the pond. We have had a unit in Building B since the late 1960's and have always used our units as very affordable employee housing. I also serve as manager for Building B. I am very familiar with the larger complex and see this garage building not as an improvement for the complex but as an intrusion into a site that is already overbuilt and with too much pavement. The proposal is not only nonconforming according to town regulations but is also nonconforming to the specific neighborhood it is in. Please deny the requested variance. Thank you for your consideration of our concerns. John & Diana Donovan 1014 Homestake Circle Vail, Colorado 81657 dianamdonovan@msn.com Bill Gibson From: JOHN & DIANA DONOVAN <dianamdonovan@msn.com> Sent: Thursday, August 09, 2012 4:21 PM To: Bill Gibson Subject: 4192 Columbine Way garage setback Attachments: bighorn garage variance.docx Dear Bill ... Please find the attached letter. Thank you for your help today. Bill Gibson From: lindy Moore <acctgg@pepis.com> Sent: Thursday, August 09, 2012 3:22 PM To: Bill Gibson Cc: 'JOHN & DIANA DONOVAN' Subject: Bighorn Building B To the Attention of Bill Gibson, As owners of unit #2 Bighorn Building B, We oppose the current plan to build a garage in the set back too close to our building. Thank you for considering our opposition to this, Sincerely, Pepi & Sheika Gramshammer Bill Gibson From: John Donovan <puckhut@gmail.com> Sent: Thursday, August 09, 2012 3:59 PM To: Bill Gibson Subject: Bighorn building B August 9, 2012 Dear Members of the Planning and Environmental Commission, As owner of Unit 3 in Bighorn Building B I have concerns about the proposed garage located at 4192 East Columbine Way. I have lived in this townhouse for over 20 years and have consistently seen this location used as primary snow storage for the larger neighborhood. My kitchen window directly overlooks the proposed driveway and east end the proposed garage. Construction of this garage will have unintended negative consequences. I am also concerned about the headlights shining directly into my bedroom from less than ten feet away. Due to these properties being developed before the Town of Vail had standard guidelines, there are not the traditional envelopes to shield residences from the impact of driveways. Please consider the above concerns when you deliberate upon allowing the construction of a garage with the setbacks. John Donovan 970-331-1957 4207 Columbine Drive 39 Vail CO, 81657 Sent from my Whone August 8, 2013 Dear Planning and Environmental Commission, I met with Bill Gibson and he was very helpful explaining the plans in more detail for the garage proposed at 4192 East Columbine Way/Lots 25 & 26. I own and live in Unit 5 and am part owner of Unit 6. These are the units closest to the proposed surface parking space/ driveway. Both Bighorn Building B and Bighorn Terrace properties were constructed before town regulations. This has resulted in some very unique property alignments and proximity issues. It also means that setbacks that traditional insulate homes from driveways or other neighbors do not exist in the Bighorn neighborhood. The neighborhood was designed as a package, not as one-off residences so existing green space was meant as permanent buffers. None of the plans I saw showed the relationship of Bighorn Building B to Bighorn Terrace. It is critical to view these properties together as that is how they were originally designed. Because these properties where built before the regulations, they need to be examined beyond just the litmus test of do they fit within the current guidelines. The current proposal has a parking space/driveway within 10 feet (approx.) of a year around residence. The design of the driveway also means that headlights will shine into many of the Bighorn Building B units' bedrooms which are all situated along the back wall closest to the proposed driveway. Seven of these eight units are occupied year around. I believe you have a site visit scheduled before your meeting. Please pay particular attention to the layout of the driveway/surface parking which is the of building a garage entirely within the setback. If you have questions please call me at 970.390.7113 anytime. Respectfully, Kerry Donovan Owner/Dweller Bighorn Unit 5 Part Owner Unit 6 Bill Gibson From: Kerry Donovan <vaildonovan@gmail.com> Sent: Thursday, August 09, 2012 4:13 PM To: Bill Gibson Subject: 4192 E. Columbine Way Attachments: 4192 Columbine Drive.docx Thank you for your time today. Please find attached a letter regarding 4192 East Columbine Way. Have a good Friday and a great weekend. Regards, Kerry Donovan 970.390.7113 Bill Gibson From: Hale Moore <halem@vail.net> Sent: Thursday, August 09, 2012 3:26 PM To: Bill Gibson Subject: 4192 E Columbine Way As owners of Unit #7 at 4207 Columbine, we are very concerned and opposed to the building of a garage at 4192 E Columbine Way. It will be extremely close to the back wall of our building B, and a gross inconvenience to our tenants. Please consider other options. Carol and Hale Moore PO Box 3746 Avon CO 81620 August 9, 2012 RE: 4192 E Columbine Way..garage variance Vail Planning and Environmental Commission As the owner of units 4, 6 and 8 (4 and 6 in partnership with my children) I strongly oppose this proposal for the following reasons amongst others. 1. It is a negative impact on our units which are occupied fulltime thus acting as employee housing. 2. There are other locations for the garage that are less of a negative impact and more conforming to town regulations. 3. This Bighorn complex was designed with the unbuilt areas to serve as buffers between Bighorn Terrace and Buildings A & B. The standard setbacks do not exist within this group of complexes including our Building B. The garage wall will be in the "face" of 4 of the units in the 8 unit building. The headlights from the unnecessary turn around area, which will also serve as a parking area, will shine directly into bedroom and bathroom windows. 4. The loss of major, mature vegetation. 5. The proposal for a new building for a garage and a turn around area is certainly non conforming for this compact development built in the 60's. 6. Drainage onto our property appears to be a valid concern. 7. Putting a structure that close to our building would seem to be a fire hazard and would preclude ever burying the overhead utility lines between our complexes. 8. Buildings A and B should be shown on the maps as this Water and Sanitation District was planned to work as one complex. In fact, we all share ownership of the pond open space and the rental unit on the pond. We have had a unit in Building B since the late 1960's and have always used our units as very affordable employee housing. I also serve as manager for Building B. I am very familiar with the larger complex and see this garage building not as an improvement for the complex but as an intrusion into a site that is already overbuilt and with too much pavement. The proposal is not only nonconforming according to town regulations but is also nonconforming to the specific neighborhood it is in. Please deny the requested variance. Thank you for your consideration of our concerns. John & Diana Donovan 1014 Homestake Circle Vail, Colorado 81657 dianamdonovan@msn.com Bill Gibson From: JOHN & DIANA DONOVAN <dianamdonovan@msn.com> Sent: Thursday, August 09, 2012 4:21 PM To: Bill Gibson Subject: 4192 Columbine Way garage setback Attachments: bighorn garage variance.docx Dear Bill ... Please find the attached letter. Thank you for your help today. Bill Gibson From: lindy Moore <acctgg@pepis.com> Sent: Thursday, August 09, 2012 3:22 PM To: Bill Gibson Cc: 'JOHN & DIANA DONOVAN' Subject: Bighorn Building B To the Attention of Bill Gibson, As owners of unit #2 Bighorn Building B, We oppose the current plan to build a garage in the set back too close to our building. Thank you for considering our opposition to this, Sincerely, Pepi & Sheika Gramshammer Bill Gibson From: John Donovan <puckhut@gmail.com> Sent: Thursday, August 09, 2012 3:59 PM To: Bill Gibson Subject: Bighorn building B August 9, 2012 Dear Members of the Planning and Environmental Commission, As owner of Unit 3 in Bighorn Building B I have concerns about the proposed garage located at 4192 East Columbine Way. I have lived in this townhouse for over 20 years and have consistently seen this location used as primary snow storage for the larger neighborhood. My kitchen window directly overlooks the proposed driveway and east end the proposed garage. Construction of this garage will have unintended negative consequences. I am also concerned about the headlights shining directly into my bedroom from less than ten feet away. Due to these properties being developed before the Town of Vail had standard guidelines, there are not the traditional envelopes to shield residences from the impact of driveways. Please consider the above concerns when you deliberate upon allowing the construction of a garage with the setbacks. John Donovan 970-331-1957 4207 Columbine Drive 39 Vail CO, 81657 Sent from my Whone August 8, 2013 Dear Planning and Environmental Commission, I met with Bill Gibson and he was very helpful explaining the plans in more detail for the garage proposed at 4192 East Columbine Way/Lots 25 & 26. I own and live in Unit 5 and am part owner of Unit 6. These are the units closest to the proposed surface parking space/ driveway. Both Bighorn Building B and Bighorn Terrace properties were constructed before town regulations. This has resulted in some very unique property alignments and proximity issues. It also means that setbacks that traditional insulate homes from driveways or other neighbors do not exist in the Bighorn neighborhood. The neighborhood was designed as a package, not as one-off residences so existing green space was meant as permanent buffers. None of the plans I saw showed the relationship of Bighorn Building B to Bighorn Terrace. It is critical to view these properties together as that is how they were originally designed. Because these properties where built before the regulations, they need to be examined beyond just the litmus test of do they fit within the current guidelines. The current proposal has a parking space/driveway within 10 feet (approx.) of a year around residence. The design of the driveway also means that headlights will shine into many of the Bighorn Building B units' bedrooms which are all situated along the back wall closest to the proposed driveway. Seven of these eight units are occupied year around. I believe you have a site visit scheduled before your meeting. Please pay particular attention to the layout of the driveway/surface parking which is the of building a garage entirely within the setback. If you have questions please call me at 970.390.7113 anytime. Respectfully, Kerry Donovan Owner/Dweller Bighorn Unit 5 Part Owner Unit 6 Bill Gibson From: Kerry Donovan <vaildonovan@gmail.com> Sent: Thursday, August 09, 2012 4:13 PM To: Bill Gibson Subject: 4192 E. Columbine Way Attachments: 4192 Columbine Drive.docx Thank you for your time today. Please find attached a letter regarding 4192 East Columbine Way. Have a good Friday and a great weekend. Regards, Kerry Donovan 970.390.7113 Bill Gibson From: Hale Moore <halem@vail.net> Sent: Thursday, August 09, 2012 3:26 PM To: Bill Gibson Subject: 4192 E Columbine Way As owners of Unit #7 at 4207 Columbine, we are very concerned and opposed to the building of a garage at 4192 E Columbine Way. It will be extremely close to the back wall of our building B, and a gross inconvenience to our tenants. Please consider other options. Carol and Hale Moore PO Box 3746 Avon CO 81620 Bighorn Sanitation and Recreation District Vail, CO 81658 August 7, 2012 Town of Vail Office of Planning and Community Development 75 S. Frontage Road Vail, CO 81657 RE: Proposed Garage Addition and Access: Upton Dear Sirs: The following is a letter expressing "Concerned" in reference to the above application. As an Association's Board of Directors we understand the desire of Ms. Upton's application and her assertion concerning her private property and thus desire to place a garage adjacent to her duplex. We believe Planning should have some background information concerning the situation. The parking issue pertaining to Ms. Upton would not have become an issue except for her neighbor to the north, presently a renter and an absentee owner who have not been accommodating concerning the communal parking system used by the Association since its inception back in 1964. We feel this is a temporary matter yet Ms. Upton's plans will be permanent and may set a precedent for other owners in our Association desiring private parking and subsequent access at the behest of other owners and Association members. While the plans may indicate private property lines and access easements, all delineated prior to annexation by the Town of Vail, the site plans submitted do not provide the history and workings of the Association since 1964. Since 1964, the Association has worked within the confines of communal parking. Of note, Ms. Upton's father, the late Ted Stockmar was a strong proponent of the communal parking system as well as an original owner within the Association. The shared parking arrangement and use of "private property" for snow storage has been in place for just shy of 50 years. While there have been issues concerning parking in the past, they have generally been worked out between neighbors based on the edict of shared resources for the common good sans legal representation and Draconian solutions. It is unfortunate a new owner by descent desires a garage space and thus disrupting a system of shared resources for their own personal benefit. While the applicant's plans include commentary provided by the Association, such commentary was not and is not to be considered approval of the plan as submitted. The following negative consequences will be in force if the application is approved. • Loss of at minimum one (1) shared parking space used by the Association. A commodity in limited supply as is. • Loss of snow storage area which has been in use for 40+ years sans dispute or complaint. • Increase in non -permeable land area i.e. natural landscape converted to a paved and radiant heated driveway increasing run-off and potential impact to our pond west and downhill from the driveway. • Light and noise pollution from cars using the driveway impacting multiple units within Building B of our Association. The Association understands the development as presently situated and defined would not conform to present Town Code. We are well aware of this. Our easements and shared parking arrangements hark back to an era of one car households and a spirit of shared resources and responsibility as well as the good neighbor policy. While we may be living in an era of legal representation, the reality is The Association has handled such matters for close to 50 years without disruption. The Association understands we may have to look into the reallocation of parking resources and snow storage. However at present the Association is "Concerned" the proposed design submitted by applicant due to its ramifications of one property owner's desire versus -the common good of 41 other Association members. The Board of the Bighorn Sanitation and Recreation District hopes the Town of Vail will review the attached addendum concerning access and specific conditions to which the Association may change our opinion of the proposed garage and access. Sincerely, Mark Campbell Tom Fowler ; Allen Pachmey�dr Joseph Sobin � _ 1 Addendum to Letter: • The Association wishes Ms. Upton would revisit the possibility of accessing her proposed garage directly from Columbine Drive (south of her lot) via an existing emergency vehicle easement. The easement at present is a graded pedestrian path. If paved at Ms. Upton's expense, the easement could serve a dual purpose i.e. emergency vehicle access and access to Ms. Upton's garage. This option would be the most minimally intrusive and disruptive to the whole Association. The Association wishes Ms. Upton to utilize her proposed driveway and garage concerning parking for residents of her home as well as visitors, guests, employees associated with the Upton Residence. If Ms. Upton requires additional parking for an event, gathering or similar, she shall advise Association and adjacent neighbors to her desires which may or may not be accommodated • The Association wishes to retain the right to use unimproved private property adjacent to Association owned land for snow storage. Historically unimproved private property has NOT been delineated and snow storage upon these areas has been to the benefit of all Association members. • The Association wishes the above requests be incorporated in the Deed of Trusts pertaining to the lots affected. K) TOWN OF VAIL t Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 13, 2012 SUBJECT: A request for the review of a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto. (PEC120027) Applicant: Anne Upton, represented by Pierce Architects Planner: Bill Gibson I. SUMMARY The applicant, Anne Upton, represented by Pierce Architects, is requesting a variance from the setback standards of the Medium Density Multiple -Family District to allow for the construction of a new garage within the required setback areas. The driveway associated with the proposed garage accesses the subject property from Columbine Drive on the north side of the existing house. The north side of the subject property is therefore defined as the front setback pursuant to Section 12-2-2, Definitions, Vail Town Code, regardless of the orientation of the existing house. The applicant is requesting a setback variance for the proposed garage of 14.5 feet in the 20 foot rear (south) setback area and 2 feet in the 20 foot side (west) setback area. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this application subject to the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A), the applicant's request (Attachment B), proposed plans (Attachment C) and a existing parking areas exhibit from the Town's archives (Attachment D), public comment (Attachment E) have been attached for review. II. DESCRIPTION OF REQUEST The Bighorn Terrace neighborhood was constructed in the late 1960s under Eagle County jurisdiction prior to being annexed into the Town of Vail in 1974. This neighborhood consists of several duplex style structures with each one-half subdivided as a separate lot. Historically each lot (i.e. one-half of one duplex structure) in Bighorn Terrace has been treated as an individual development site and is subject to the development standards prescribed by the Medium Density Multiple -Family District. Many structures were built close to, at, and in some cases over the platted lot lines. The various lots and structures at Bighorn Terrace are legally non -conforming in regard to the current zoning standards (lot size, parking, setbacks, landscaping area, etc.). Some structures at Bighorn Terrace can be directly accessed from Columbine Drive; however, many structures can only be accessed from a shared private road, Columbine Way, which is constructed across multiple privately owned lots through an access and utility easement. The Bighorn Terrace neighborhood was originally designed with shared parking generally located within designated parking easements instead of with private garages or private parking spaces. Today vehicles are also commonly parking along Columbine Way. The density of the neighborhood, the limited number of existing parking spaces, and the close proximity of the homes to the property boundaries and adjacent structures creates parking challenges for the residents of this neighborhood. The subject Lots 25 and 26 were consolidated into one combined development site in 1983. Today the existing structure is a single-family residence. The existing house is legally non -conforming in regard to setbacks. At its most restrictive point, the north side of the subject house is located 1 foot from the property boundary. The subject property has no exclusive parking and today the owners utilize the unassigned, common parking spaces. Columbine Way and its associated easement cross the northern portion of the subject property. A parking easement and portions of an existing common parking lot are located on the northeast corner the subject property. The applicant is requesting a setback variance to allow for the construction of a new single car garage attached to the south side of the existing house. The applicant is requesting a setback variance of 14.5 feet in the 20 foot rear (south) setback area and 2 feet in the 20 foot side (west) setback area. The proposed garage is 15 ft. x 25 ft. (375 sq. ft.) in size. Approximately 356 sq. ft. of the proposed garage is located within the rear (south) setback area and approximately 18 sq. ft. of the proposed garage is located within the west side setback area. The applicant is proposing to construct the new garage along the southern edge of the existing house in response to both physical site constraints and input from the neighbors in Bighorn Terrace. The proximity of the existing structure to the north and west property boundaries precludes the construction of a garage in those portions of the subject property. The north and east portions of the subject property are also constrained by an access and utility easement, Columbine Way, a parking easement, and portions of an existing common parking lot. Neighboring property owners have expressed concerns to the applicant about any proposal that would result in a reduction of the existing shared parking spaces. The applicant considered a new garage addition attached to the southeast corner of the existing residence in the approximate location of an existing shed. However, a driveway Town of Vail Page 2 could not be constructed to this garage from Columbine Way without disturbing the existing shared parking lot. The applicant is instead proposing the new garage attached to the south side of the existing residence. The associated driveway is proposed to be located between the existing house and the existing parking lot in an area currently occupied by landscape planters. The Planning and Environmental Commission has received correspondence from property owners of the adjacent Bighorn Condominiums in opposition to this setback variance request and the associated garage addition (Attachment E). III. BACKGROUND The subject residence at Bighorn Terrace were originally constructed under Eagle County jurisdiction in 1967 and later annexed into the Town of Vail in 1974. The existing lot and structure are both legally non -conforming in regard to numerous provisions of the Town's zoning regulations. The Planning and Environmental Commission has historically held that construction of a structure prior to annexation or the adoption of the current zoning regulations may be a basis for granting a variance from the Town's current zoning regulations. On August 16, 1983 the Town of Vail Planning and Environmental Commission approved a minor subdivision application to vacate the property line between Lots 25 & 26. These two former lots were combined into a single development site. Numerous setback variances have been granted to units within the Bighorn Terrace neighborhood and are further described below: Date Lot/Applicant Variance Type Variance Amount Approval 1977 #7 - Benysh GRFA 130 square feet Approved Denial Setback 8 feet 1978 Tract A - Rowe GRFA 473 square feet Approved Denial Setback 7.5 feet 1978 #23 - Alder GRFA 66 square feet Approved Denial Setback 8 feet 1978 #20D - Turnbull Setback 7 feet 1980 #13 - Curfman GRFA 177 square feet 1982 #9 - Odum GRFA 122 square feet Setback 18 feet 1982 #9 - Odum Setback 18 feet 1983 #11 -Houston GRFA 80 square feet Setback 16 feet 1985 #17 - Sherr GRFA 50 square feet Setbacks (3) 13, 11, 3 feet 1985 #20D1 -Nicholson GRFA 395 square feet Staff Recommendation PEC Action Approval Approved Approval Approved Denial Approved Denial Approved Denial Approved Denial Approved Approval Approved Denial Approved Denial Tabled Approval Tabled Approval Approved Denial Approved Denial Approved Denial Approved Approval Approved Denial Denied Town of Vail Page 3 third floor directly above Approval Approved Setback 1990 #7 - Benysh Setbacks (2) 1990 #20 - Nillson Setbacks (2) 1994 #22 - Waters Setbacks 1998 #5 - Skolasinski Setbacks Approved 7 feet Approval Landscaping *2004 #8 - Benysh Setback 2005 #19 - Petros Setbacks 2005 #20 - Fowler Setbacks 2008 #17 Sherr Setbacks 2009 #10 Post Setbacks third floor directly above Approval Approved 13 & 15 feet Denial Approved 11 & 15 feet Denial Approved 13.25, 13.25, 12 Approval Approved 2.5, 15.5, 19.5 Approval Approved 1 % Approval Approved 8 feet Approval Approved 7 feet Approval Approved 7 feet Approval Approved 8 feet Approval Approved 19 feet Approval Approved *garage addition involving a conversion the first story IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: Zoning Regulations (Title 12) Chapter 12-1: TITLE, PURPOSE, AND APPLICABILITY (in part) Section 12-1-2: Purpose A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. Town of Vail Page 4 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. ARTICLE 12-6G: MEDIUM DENSITY RESIDENTIAL DISTRICT (in part) 12-6G-1 Purpose.- The urpose:The medium density multiple -family district is intended to provide sites for multiple - family dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The medium density multiple -family district is intended to ensure adequate light, air, open space, and other amenities commensurate with multiple -family occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, and where permitted, are intended to blend harmoniously with the residential character of the zone district. 12-6G-5: Lot Area and Site Dimensions.- The imensions:The minimum lot or site area shall be ten thousand (10, 000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each side within its boundaries. 12-6G-6: Setbacks.- In etbacks: In the MDMF district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). 12-6G-11: Parking.- Town arking:Town of Vail Page 5 Off street parking shall be provided in accordance with Chapter 10 of this title. At least one-half (1/2) of the required parking shall be located within the main building or buildings and hidden from public view or shall be completely hidden from public view from adjoining properties within a landscaped berm. No parking or loading area shall be located in any required front setback area. Chapter 12-17: VARIANCES (in part) 12-17-1: Purpose: Reasons for Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity, or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. 12-17-6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Town of Vail Page 6 3. That the variance is warranted for one or more of the following reasons.- a. easons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. Vail Land Use Plan CHAPTER II — LAND USE PLAN GOALS / POLICIES (in part) The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth/ Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3. The quality of development should be maintained and upgraded whenever possible. 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. CHAPTER VI — PROPOSED LAND USE (in part) MDR Medium Density Residential.- The esidential:The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional / public uses such as parks and open space, churches and fire stations. Town of Vail Page 7 V. SITE ANALYSIS VI. Address: Legal Description: Lot Area: Zoning: Land Use Designation Geological Hazards: Development Standard Lot Area (sq.ft. min) Setbacks (ft. min): Front (North) Side (East) Side (West) Rear (South) Dwelling Units (max) GRFA (sq.ft. max): 4192 Columbine Way Lots 25 & 26 Bighorn Terrace 7,100 sq. ft. (0.163 acres) Medium Density Multiple Family District Medium Density Residential None Allowed/Required Existing Proposed 10,000 7,100 no change 20 1 no change 20 33.5 no change (garage 37.5) 20 15 no change (garage 18) 20 20 5.5 2 1 no change 3,976 2,138 2,213 Site Coverage (sq.ft. max): 3,145(45%) 1,864 (26%) 2,213 (31%) Landscape Area (sq.ft. min): 2,130(30%) 3,409 (48%) 3,758 (53%) Parking (min. spaces): 3 0* *Today the applicant utilizes the Bighorn Terrace shared parking areas. SURROUNDING LAND USES AND ZONING VII. REVIEW CRITERIA 3 (1 enclosed) Zoning Medium Density Multiple -Family District Medium Density Multiple -Family District Medium Density Multiple -Family District Agriculture and Open Space District The review criteria for a request of this nature are established by Chapter 12-17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Town of Vail Page 8 Land Use North: Residential South: Residential East: Residential West: Open Space VII. REVIEW CRITERIA 3 (1 enclosed) Zoning Medium Density Multiple -Family District Medium Density Multiple -Family District Medium Density Multiple -Family District Agriculture and Open Space District The review criteria for a request of this nature are established by Chapter 12-17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Town of Vail Page 8 As described elsewhere in this memorandum, the Bighorn Terrace neighborhood was originally designed with shared parking generally located within designated parking easements instead of with private garages or private parking spaces. Today vehicles are also commonly parking along Columbine Way. The density of the neighborhood, the limited number of existing parking spaces, and the close proximity of the homes to the property boundaries and adjacent structures creates parking challenges for the residents of this neighborhood. Staff believes the construction of additional parking at Bighorn Terrace, whether private or shared, will have a positive impact on the neighborhood. The applicant is proposing to construct the new garage along the southern edge of the existing house in response to both physical site constraints and input from her neighbors. The proximity of the existing structure to the north and west property boundaries precludes the construction of a garage in those portions of the subject property. The north and east portions of the subject property are also constrained by an access and utility easement, Columbine Way, a parking easement, and portions of an existing common parking lot. Neighboring property owners have expressed concerns to the applicant about any proposal that would result in a reduction of the existing shared parking spaces. The applicant considered a new garage addition attached to the southeast corner of the existing residence in the approximate location of an existing shed. However, a driveway could not be constructed to this garage from Columbine Way without disturbing the existing shared parking lot. The applicant is instead proposing the new garage attached to the south side of the existing residence. The associated driveway is proposed to be located between the existing house and the existing parking lot in an area currently occupied by landscape planters. The proposed garage addition will however have some negative impacts to the surrounding uses and structures in comparison to existing conditions. The proposed garage and driveway will result in the removal of several existing mature trees and will reduce opportunities for landscape screening of the existing house from adjacent residences. The proposed driveway configuration may impact areas currently used as snow storage from the shared road and parking areas. Property owners from the adjacent Bighorn Condominiums, located directly south of the proposed garage, have express concerns about the close proximity of the proposed driveway to the property boundary and headlight glare into the upper windows of their building from vehicles utilizing the new driveway. 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 sites in the vicinity or to attain the objectives of this title without a grant of special privilege. This proposed setback variance is associated with a garage addition to an existing residence originally constructed in 1967. Both the existing lot and the existing Town of Vail Page 9 residence are legally non -conforming in regard to several the provisions of the Town's zoning regulations. The Planning and Environmental Commission has historically held that construction of a structure prior to annexation or the adoption of the current zoning regulations may be a basis for granting a variance from the Town's current zoning regulations. The Town of Vail also has a long-standing policy of promoting the construction of enclosed, off-street parking on private property. The Planning and Environmental Commission has approved numerous variances from setbacks, site coverage, and other similar development standards to facilitate the construction of garages town -wide. The Planning and Environmental Commission has approved a setback variance at Bighorn Terraces for another garage addition. The two halves of the original duplex structure on Lots 7 and 8, Bighorn Terrace were purchased by a single owner and converted into a single-family residence. In 2004, the Planning and Environmental Commission approved a setback variance at Lot 8 (the eastern one-half of the combined structure) to facilitate the construction of a garage addition. Unlike the subject request, that garage addition was accomplished by converting a portion of the existing first story to a garage use. To Staff's knowledge, this is the only garage existing at Bighorn Terrace today. As further identified in the Section III, Background, of this memorandum, no less than 18 setback variances have been approved by the Planning and Environmental Commission for additions to numerous properties in Bighorn Terrace since 1977. Therefore, Staff does not view the approval of this setback variance request as a grant of special privilege. However, should the Planning and Environmental Commission choose to approve this variance request; Staff recommends the Commission impose a condition of approval that the applicant reduces the size of the proposed garage addition from 375 sq. ft. to a maximum of 300 sq. ft. The Planning and Environmental Commission has historically granted variances for single -car garages of up to 300 sq. ft. in size and two -car garages of up to 600 sq. ft. in size because these sizes have been considered the minimum "degree of relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege." The 300 sq. ft. size is based upon the garage deductions granted by the Vail Town Code from the gross residential floor area (GRFA) calculations. The current regulations grant deductions from the GRFA calculations for garage floor area of up to 300 sq. ft. per parking space. 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. As previously noted, the density of the Bighorn Terrace neighborhood, the limited number of existing parking spaces, and the close proximity of the homes to the property Town of Vail Page 10 boundaries and adjacent structures creates parking challenges for the residents of this neighborhood. Staff believes the construction of additional parking, either private or common, at Bighorn Terrace will have positive impacts to traffic, parking and public safety which outweigh the potential negative impacts to light, air, and distribution of populations. Staff does not believe the requested setback variance will have a significant impact on public facilities and utilities in comparison to existing conditions. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. The Planning and Environmental Commission has received correspondence from property owners of the adjacent Bighorn Condominiums in opposition to this setback variance request and the associated garage addition (Attachment E). VIII. RECOMMENDATION The Community Development Department recommends approval, with conditions, of this request for a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto. Staff's recommendation is based upon the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this request, the Community Development Department recommends the Commission imposes the following conditions: "I. Prior to application for design review approval or building permits, the applicant shall reduce the size of the new garage addition to 300 sq. ft. or less in floor area. 2. Approval of this variance is contingent upon the applicant obtaining Town of Vail approval of an associated design review application." Town of Vail Page 11 Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section Vll of the Staff memorandums to the Planning and Environmental Commission dated August 13, 2012, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Medium Density Multiple -Family District. 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons.- a. easons: 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 Title 12, Zoning Regulations, Vail Town Code. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that does not apply generally to other properties in the Medium Density Multiple -Family District. 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 Medium Density Multiple -Family District." IX. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Proposed Plans D. Archived Parking Area Exhibit E. Public Comment Town of Vail Page 12 William F. Move, Arihitecl Tyson Deirduff, Director of Architecturc Kathy I leslinga, Office Manager July 12, 2012 PROJECT NARRATIVE Upton Residence Garage 4192 Columbine Way Units 25 and 26 Bighorn Terrace PIERCE ARCHITECTS VAIL, COLORADO Nature of proposed use The Applicant would like to add an attached garage and associated vehicular access to an existing single family residence that exists on Lots 25 and 26. The Applicant proposes to install a heated driveway for access to the garage. There are several residences in the Bighorn Terrace project that enjoy similar benefits. The Garage is 25 feet by 15 feet (375 square feet). The property is in the MDMF Zone District. Bighorn Terrace consists of 26 individual, non conforming lots. The required setbacks in MDMF are 20 feet. There are few, if any, portions of the existing subdivision that meet that requirement. The combined Lot Area of Lots 25 and 26 is .163 acres (7,100 sq ft) allowing 3,976 square feet of GRFA. The existing residence contains 2138 square feet (775 sq, ft of GRFA upstairs, 1363 sq. ft. of GRFA on the first floor). The proposed garage will add 75 square feet to the existing residence, totaling 2213 square feet of GRFA. The garage is an Accessory Use in MDMF Relationship to development objectives of the Town Enclosure of parking is a goal of the Town and enclosure of parking would be required by a new development in MDMF, rendering the addition of the garage as a reduction in the non -conformity. Effect on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreational facilities, and other public facilities. No negative effect Effect on traffic The proposal adds parking spaces to an already non -conforming parking arrangement. The heated driveway improves snow management on the site. Effect on the character of the area The proposal matches the character of the surroundings F" 1650 Fallridge Road. Stuie GI Fail, Colorado 8 165 7 F: 970.476.6342 P: 970.4 7 6.4901 a-x1� .vailarciiitects.corn SHERMAN & HOWARD L.L.C. ATTORNEYS & COUNSELORS AT LAW 37347 HIGHWAY 6, SUITE 210 P.O. BOX 5559 AVON, COLORADO 81620 TELEPHONE: (970) 476-7646 FAX: (970) 476-7118 MEMORANDUM TO: Bill Gibson — Town of Vail Planning Department FROM: Wendy St. Charles DATE: August 8, 2012 SUBJECT: Bighorn Terrace Lots 25/26 (PEC 120027) This memorandum follows with our meeting of July 31, 2012, regarding PEC Application 120027, filed by Pierce Architects on behalf of the applicant/owner of Lots 25/26, Bighorn Terrace and is intended to supplement the referenced application to provide the town with additional information related to the project. The project consists of the installation of a single car garage with storage (in place of an existing storage shed) on the subject lot. 1. General History of the Development of the Bighorn Terrace Subdivision The "Bighorn Subdivision" was developed in 1962. The first phase of the development consisted of single family lots on the westerly side of the pond that serves as the central shared amenity of the subdivision. A copy of the plat for the initial development is attached for reference. (See, Exhibit 1) In conjunction with the initial development, in 1962 the developer recorded the "Declaration of Protective Covenants for the Bighorn Subdivision" (the "Declaration"). (See, Exhibit 2) The Declaration provides general restrictions governing the single family lots. A copy of the Declaration is attached for reference. The Bighorn Terrace Subdivision, within which the subject lot is located, was developed in 1967 and consisted or approximately 26 duplex style lots, two of which have since been consolidated into single family lots. (See, Exhibit 3) No separate or additional covenants were recorded with the development of the Bighorn Terrace subdivision. The remainder of the Bighorn Subdivision was developed into condominium projects. The subject lot, known as "Units 25 and 26 Bighorn Terrace" is a part of the Bighorn Terrace subdivision. 2. Status of the Consolidation of "Units 25 and 26" of Bighorn Terrace In 1983 PEC reviewed an application for consolidation of Unit 25/26 into a single family lot. PEC approved by a 7-0 vote the consolidation of Units 25/26 into a single family lot. A copy of the 1983 PEC minutes are attached, together with the consolidation map. (See, Exhibit 4) The tax assessor currently assesses Units 25/26 as a single lot. A copy of the assessor's record is attached. (See, Exhibit 5) Based on the prior consolidation, the units constitute a single lot. (P0177495.1) BUS_RE\4423355.3 Memorandum to Bill Gibson — Town of Vail Planning Department August 8, 2012 Page 2 of 3 3. Explanation of the access easement shown on the Bighorn Terrace plat. The Bighorn Terrace plat (Exhibit 3) consisted of 26 duplex lots, together with an easement designated for "access and utilities" laid over the lots, with a dedication of same for access to and from the lots. Also shown on the plat are various areas marked as "parking easements" for owners. The parking easement areas are not within the dedicating language of the plat. The plat notes refer to the parking easement areas as being "for the exclusive use of owners and residents of the subdivision" without further explanation. The parking easement areas have not been utilized strictly as parking areas, as a number of units have improvements built into and over the areas designated as parking easements. Some of the parking easement areas are paved and some have been utilized for shared parking. Other areas have been utilized for the benefit of a single property owner. Thus, there has been no consistent use or enforcement to date of the areas designated as parking easements. Such areas do not constitute enforceable easements, without each owner agreeing to ratify and maintain the designated areas on their respective lots for shared parking. Excerpts of "Bighorn Mutual Sanitation & Recreation Association" (the "Association") minutes dating back to 1979 are instructive to confirm the intent of the developer with respect to the designated parking easement areas on owner lots, as reflected in the following: • The Association's 1979 meeting minutes (as memorialized in the Association's rules through the 1990s) provide that "[ilt should be understood that Bighorn Mutual & Recreation Co., has no ownership interest in, or legal jurisdiction over, any of* the privately -owned properties, " which would include `parking areas. " (A copy excerpts from the 1979 minutes are attached, together with 1990 consolidated rules at Exhibit 6.) • The Association's minutes further provide that "the paved parking areas are on privately -owned land and are not part of* the common area." Thus, the association (and its members) have no jurisdiction over those areas. (See 1990 consolidated minutes at the top of page 3.) The area over which the driveway and garage will be situated is fully within the applicant's lot and no portion of the area has been utilized for parking since 1967 (with the exception of a small triangular area of existing pavement within the applicant's lot that will be utilized to achieve the proper radius for access into the driveway). The garage project will not reduce the number of existing paved parking spaces or have any other material adverse effect on the parking. In fact it will result in a net improvement by creating additional parking for the applicant and thereby reducing the congestion in the other parking areas. 4. Purpose for the Location of the Garage as Situated on the Site Plan Parking in Bighorn Terrace is inadequate to meet the needs of the subdivision and at the end of the access road where the subject lot is situated the congestion is severe, with residents often resorting to parking within the access road blocking access to the applicant's home. The installation of the (P0177495.1) BUS_RE\4423355.3 Memorandum to Bill Gibson — Town of Vail Planning Department August 8, 2012 Page 3 of 3 garage and driveway will create additional parking and eliminate the need for the applicant and guests to utilize the limited, existing parking. The original proposed design for the garage utilized a car width of the existing paved area on the applicant's property for access to the garage. At the request of the neighboring owners, the applicant redesigned the driveway to preserve all existing paved areas for parking as an accommodation to neighbors. As a result, in order to provide access to the garage that meets the requirements of the code, the garage was shifted westerly and toward the southerly property line, requiring the current variance requested in the application. 5. Characteristics of Subdivision Consistent with Granting of the Variance Requested The size and number of lots within the compact Bighorn Terrace subdivision have resulted in the need for numerous variances being requested and granted over the years to enable owners to use and enjoy their properties consistent with appropriate needs recognized by the town. By way of example, at least 16 variance setbacks have been granted in the subdivision, as summarized in the setback variance granted for Unit 19, Bighorn Terrace under PEC 05-0088. (See, a copy of PEC 05- 0088 attached at Exhibit 7) Installation of a garage on the applicant's property is a good and necessary use of the applicant's lot and benefits the subdivision overall by creating additional parking for the subdivision. Existing parking allows for approximately 1.5 cars per unit. Owners generally have two cars per unit, without factoring in guests. 6. Association Review of Plans • Association approval of the project is not required, although as a courtesy the Association board has been advised of the project and comments have been considered. (The Association at its annual meeting expressed no concern with the design and location of the garage but reserved comments on access.) The Declaration, as explained above, pertains to the original Bighorn Subdivision, which consists of singlefamily homes, the Bighorn Terrace subdivision and two condominium developments. There is no separate declaration or governing association established for the Bighorn Terrace subdivision. The original Declaration did contemplate some level of architectural review, but no governing review board for the Bighorn Subdivision has ever been established. • The only active association, being the Bighorn Sanitation and Recreation Association by its "Articles of Incorporation" limits its purposes to managing and caring for "property of the corporation" which property is limited to the pond and adjacent skate house. (See Article 3(a)) All improvements proposed in conjunction with the garage project are situated within the applicant's lot. The association by its own articles has no jurisdiction over improvements within an owner's lot. Further, there is no architectural review board in place nor process in place through which an owner could seek approval. (A copy of the articles is attached. (See, Exhibit 8) (P0177495.1) BUS_RE\4423355.3 _ u •.. - Yap n j K �f•Y o�3 i fr lei � - g�N lip, s a.. D :5 � 7 r "'e;n V "S [ IIS11 oom j_ ,.g 3CYaI x 'gig �h3 m N 2 M 9s rx a t^ e ^a a €a .. t.. �a r A sea .. W Q PIR t�-t 'sa :101,� 11% �3: 7 - Yz� 8 V o:t: :•:A S-: t Wy� SSS Is R .�� NG yyi b�rh pw S•. �O�AN pNA inn G ; �o¢g�S�a�I'E`'x'o �XI��M�� W d eve."; R .• ;; :5 tiSY Bt�Bk58-� -; r W `s ' hSe� C•y AX MAX I s P ��a Now �F _ u •.. - Yap n j K �f•Y o�3 i fr lei � fide g�N � o v C• ^, n �f 7I RK, r`3 ya:N �F w SE LL WG�J I 5 53 o r4• �y lane y'1 -F �r $ �F e a • R� 8 1 WTI— = _ j � o �f 7I RK, �r $ �F e a • R� 8 1 DECLkRATION :QF PRO'fECTM COVE' HAiVTS FOR THE 'BIGHORN '13UBnIVISION EAGLE .Co UIQ DEVELOPM-W CORPORATIO1 , i Col- orz s; corporation, fee owner of the re.ril' tsrnn¢rt• I ,o, -Asa. -.-4 scribed, hereinafter referred to as 't he "Grantgr", heret makes ana,dec foll6win Xsrea tine g 1imitations,:resirictic and •.rises upon;, -and af. said property as restrict acid px �.' 7 five.covenana, tb gh reference:h6reto in ail tieeds'ar: v contraets.for'sale issued'bp said Grantor to ox for any "of. said pro e' as as benefits and obligations' runn-ing w� the p F y;. and as binding upa�i..the 'Grant br'and--upon V parties Claiming unda .paid Grantor and upah all future F. of aby. part of said propertyso long as th'e'se r2atricti �.: `•' -:� , covenantsshall: remain -in fbfc a and. effect as now writte �... as .h,ereafter aItered: PROPEM-A nCTED. These covenants arm he }� iaade. applioable to the " following described property in E .,county' -Colorado': rte'• . - . Beginriing:.at' a point -on the gest ftne of. Sects . ', :"1�;' Tac�ishig 5 Sotit~h, R.arige .Btl,Westi .of the 6th, Prineipal Meridiare., 'County of `Eagle, -State of Colorado. Said-pOinr: being S '00 x9` 00" E a :distance' df, 99$:67 .feet. ,from the' northwest cox ner of •saki Section' 3.2 and also being on the southerjy right=of-wa'y line of U. S. Highway No, 6; 'ThenceS 460 24' 00".E a distance of 7Y8.70 feet to, the, pdirit off- curvature to the left,. ,,having; a .radius ot x'915.00 feet and, a .central angle- of- 60 53'; Thence southeasterly along the arC of said cur a.distance of 350.17 thereof;. feet to the'point of tan- gency Thence S 530 17' 00" E, a'distance of 1221.00 -• feet to a point, said pint being 6n the south F ly right of way line of existing U. S.' Highway No. 6; i Thence S 360 43' 06" W a distance of 320.00--fe Thence N 56°.13' 01" W a'distance of 240.00 fe Thence.N 390 45' 00".W a distancelof 171.52 fe :Whence N'830.45' OJ" W a•distance of 225..44 fe Thence-N'620 .061 00" W a distance of 182.00 fe r Thence N 300 00' 00" ;' W •a distance of 200.04 fe Thende, N 710-01' 0111 W a distance of 221.67 fe ! Thence N 600 44' 37" 14 a distance.of 196.12 fe Thence S 270 06' 39" iq a distance of 30.94 fee Thence S 780. 241. 00" W a distance . of 271.80 fe Thence ,S 890 41''00" W a distance of 149.30 fe .. to a point on the wrest- liana of said Section 12 Thence It 000 19'.,00" W along the gest line 'of Section 12, a distance of 489.20 feet, : Thence N 55° 19' 4J'•' W a distance of 222:84 fe. -Thence N 340 41' 00" E a distance of 318.25 fe to a. point on the -west' line of said Section 12 Thence N 00° 19' 001' W a' distance of 288.35 fe• to- the point of beginning, except that . ldt- ind to be-Parcel "A"... . .. 2:• GENERAL PURP05ES:. These covenants are mad: for ,the purpose of,.'creating and keeping said-subdivision �•:. !': far a.'s possible, desirable, 'attractive, -benefic'ial., usiifr and. •suitable in- arch.itecturel design, materials and appe. -'2'.. ' � - s s limiting the use to residential buildings for Lots 1 ti l$; .and gtiarding, against 'tires 'and- unr►ecessary interfe: with the.. natural. beauty and improper uses of adjoining perties in the �S bdivisiort; s.l.l for the imtual benefit protections of.all owners of said property. 3: ARCHITECtURA.L APPROVAL-.' No improvemerit be commenced, construct"ed•, placed or altered on -any bu site or.. lot unti-I Che- b'uiiding plans including plot p and: specifications) and s-dffi.ci,.ent 'descri.ption' for e'ac Sowed type .'of. .improvement ��ave been in each instance f �o the Grantor and -by it-approve'd in writing; such apF to cover, conformity and ba=ony of external desrgtr of T improvements; the location thereof in relation to lot topography --and grade; and the ".location and character method •of --uti,lization' of all 'utilities. Grantor agree :uge reasonable judgment- in Maing u0on such submi.tte( ' and desarip,tions",' but sh;al not be liable to any per's( G3rantor's •actions in .connection with submitted plans ascriptions, unless i.t''ahall be shc'wn than it acted wii or wrongful i.nte'nn. In passing upoir plans and speci+f Grantor shall., consider the suitability of the improves and of the materi:al.s as tal.ated t6 the site involved, nature of. adjacent, and. neighboring improirer�nts , the of Cha materials -tic be utifized and the effect of any :posed improvement upon the outlook, value and aesthet " of neighboring properties. If Grantor fai.l•s .to-:,ppro disapprove the submitted plans and descriptions in an a � - within -sixty days After j have been. Submitted to it, the. ` 't approval of the Grantor " hereunder shall be preB,Aneci, l f the, owner: shall: undertake ..tbi! construction-6r alteration: o£ - .� any tmpra-4ewnt ali.6wed haret�ndex,`-but without advance ap proval of- his plans- and deScript3ons',': and if no suit has begirt eiameaced to.enjoiri_ aiscYc construction, prior to the completion -thereof, the approval-of,the Grantor hereunder . sha11•be pzeatimed'. . 4j lAND USE: The Ic-ts -in Bigho7- Subdivision h y = sbalbe, tissii • fo_z ;.that fa17 +3tiaiirg 'poses I.i ;`�.LYyi�l'F•� •+` • ::., .:, . '-, .' •..• r.:.-::•private., ..Cboiigh : 8 shall.-be usedax�l Y. for p . nce's+:i7iti asitia] ✓appurtellant, garages!. and 'other covo e` thssi • two • se • arate apart not, mor j� R'Id�Jrr yl. rl�rit8.1ti�, ''{• _ -: f - .. ttti.liz�edaa "Gran,torr deter- hops, .,�{ff���,;,•. •,,ra:'ipts;:19�,.•.24;.&nd2r.•"maY,be -. x.`.56 '..•.. 1'•�; .ca • ..3r .; :;,, , �I,tii:•,,,:,,.,::;•�, :,� :.J. : . � "aha s'Yservice Shops .texe1 d1.hS P ' . , . ... • , ,. • • . .4Fvi S.;,j;*%`.;-. ,tib; '. Tr. .,. �iJ: ;G.f �i;v..;.; :z r.• _.(, c,:. . h'Waver,RY saztai�ob��.e serviee st�axlona) , xest'surazita,. tea zooms, cffice9, or' me;3icaj, clinics. 5, EASI'N'fS EaSeaaetxt and rights—Of—way fOr roadan c �.0 i1 C `'eas rsats•.a�re—k6served as shown upon the p1aC off•„Bighorct.Subdiv3s'on as.zecardeci in the Office of {,.., . Fti I> the Cler3 a' iaA Recarderr, Eash :Crony y, Colorado, .on December ,. 1952.1 as•' Recept"ion' N'o. 95766; and appea.rin in the •plat F Book -of that:..office at Paige 52. Th8 rights-af-:way for ros8s , ,..so,.zeServed may.,:be'used.•tor tt3g�twap travel or for 8ny :utility ;.:: • ; services that at_ any, tier -may be available in that area, in- . , eluding electricity, :gas,,-telephone acid- other s3xmilar services. „' - - r 6. SIGNS: No signs, billboards or other advertia- ing s�'ructua,e of any kind shall be erected, used or maintained . _.: -:.... =. on any' iot for any purposs whatsoever, except such commercial signs 'as. wave been approved by the Grantor either for identi- - m -r' q q r� £iOation ofresidences -or l.aci�s of business or other com er- ' cial ttses;''especial•ly aYr Lots 190 and 21. 7. WATER: , EacE• structure- designed for occupancy Di use b � human . beings �.->t; •• "` ' s shall_, connect -'with• waCee- 'faciliti.es wade' l av'aila:K: •. ". at t izt ttxe future by the Grantor. No pri- -uate woe3 s'•s'Risl ' be`';tiaed' as' �A. -source of 'coater for. noun con - ?gat ori: ' Each such 'structure si all be provided ' c4'ry �� .F:. ,.;+ •'card., . �':, �- .-�. .�''--•.;. :.. .- ,,. ' -,:a,:rapt c"� ik_rfcir 'd'i8posal' o 9@W&;and.meahanical $ax- :; .': b dis as ,'£ac Xi ieg'.'sixsill tre prow d in each kitchen L refuse shall t,b<iiatci:tdx'3�; 3`d �,itkt te.'igl�`xn subdivision-, idJ&? D B: excep ini i s' f�k�h _Y"i� �:+'. •'-.'�>1c�°`•--st"iy._'^+::a yr`7.:i�: SN // - w aciaisra o s' its a3 3 ed' Frith the�/a'pproval `of -,Che - GzanCor . ' . Eae4 nr px�ip��C ^o SII{F 4xwriiie auitidlaIie, seceptac3es for the t, �coA§ctiiri .af ze ise''an '< lI such re- z<scze&ii�d �fiOmC:pulie view -and 'protected •� 9:. ' x;�VES�CK:• - Na' - ima.ls, livestock, harass or 7:c poultry (except' dogs, cats. and- other pets for'househol.d err-. s•:,;;,` , t,. andte kept, raisedoY ntot for camm?rsial', urPflsea) sha3lob ! or bredin rhe subdivision. I 10. TREES:-Trees'naturallS existing upon a lot, except to the extent necessary for construction purposes, shall not be cur, trimmed or 'removed' from the. prope-ictias; except that the.Grantor may approve same.thinning or trimming • if it seems desirable 11. SET BACK Rt.gUnEb ENTS t Where shall be no• general rule f6r.-the location of* improvements with relation ` to property. 'lines; but -'all. .actual: construction ai.tes shall_ receive - the advance approval . of the Grantor.' _- 12. . LANDSCAPING:' .All surface areas 81sturbed by. . co at'i'ttc iasi sha d be xetun6d promptly' to their natural k=%� ;eoftdi.tioT _zdd'' regla>ited' in -native grasses; but' the Grantor, XaE 4,lrprove :aoaetitixaCion o£.gaxdexis; lavms, and exterior. 'iYi' 13: ES 'T:o - F 'a: NA2S: Nkora, name, ..eymbgl, or. -c= - q: meed: to•''identify.' for aomwerc: al S � J Purposes,; struct�jre' buli.ness or: service iii,l3ighorn Sub- v=: x' = clivi siou u:sless;: } •s=e .� ik . bave been-. pp ,� -..;;, • first .a rcrv'e$ , in . 4 h •writidg,by, rt or•i- .. e - ;,1.4 ;TEM�'Q1tARY'�STtLUc:l'URES• No. -,-temporary structure,- excajraioxi, ,:iiaeent.; trailer or. tent s#tal l be tiermtteii• in ic: ; .. �• the : sitb'divi aioxt; except : as„xaay be deeXmined : to be neessaiy during construction aziii' =$pe fica7l 8utharized by the ; GraxttorAi' !1J. .. 60MrIN,U�T'Y t6r C{IAt TR [ TTlnv- di nt �,.riarna ' ?; :... co enced :in the Ughorn Subdivision shall be prosecuted :di,li.gerit;ly to c plet•ion and shall be, coinpleted within twelve `435 �+_-....,_e...........�••r.:,..�.,._.,...w„_ry ,...._,.. »....... _..,-_.___._ .. .. :j, r; months of _—<tmencement un Less some exception is granted in writing by -the- Grantor. + Zb'. NUISANCE: No noxious or offensive activity shall. be carried on within the subdivision, nor shall any- thing be, done or permitted which shall. constitute a public nu3.sance .therein. 1,7-1 EFFECT' AVD DURATION OF COVENANTS.. The condi•- tions,restzictfona, stipulations, agreements and cavettants ;. .,..�._. coritained herein shall be. for Cha benefit of and binding upon ^eeach tract: in the Bighorn Subdivision, and each', owner of pro•- �rtF. Chexein, his successors, re�axesentativea .andsaign Ps sA �..`= and shall -continue 'in lull £once and effect unti L_January 14•.x' -''-• •' �.,.... 1999, at which' £'ime• they shill be automatically extended for five successive terms .o£-..tete., years .,each. '1$. MENDMEirl The condi.tiona, restrictions, sti- M ' Iatioiis -a dements and covenants' contained herein shall . not be •waived, : sbandobed, terminated, or amended except by -. written :oon]sent of the owners of., 75% of the privately owned :=5 %and ` na ude .within `the-bc*indaries of the Bighorn Subdivision, >7 . As ,• the ' same y Cheri `be..shown` by the plat on £i.le in the-of- he-o£-five ficeof the, Clerk and Recoardev of Eagle. County, Colorado. .y 19. LNGRGBMENx': 1f .any person • shall violate or I�{; threaten to 'violate any .of, the. provisions of this instrEmzent, it shall be lawful forry pei.son or persons owning real pro •;1: petty in- tete' Bighorn Su division to inatitute ,proceedings at law or in. equity to enforce the- provisions of this instrument, 'threatening violate to restrain the"person violating or to them and. to recover .,damages, actual and punitive, for such violations. - ? T..i i +nw. •Y,S• +�,�i+�;''�S; :'.1i• '.,a."!:' 01�j?NA, ry,y:• 4.� J l a. .1 20. SEVERA.BTL�: 'I'nvalidation of any orie of the provisions of this. instrtmwant by ,judgwnt or, cpurt -order Mr - ;.�' •' '," or decree shall f.n"zin wise effect any•o� file oehex provisicsrss . which "shall, remain- iri fiYll force 'and .effect. CdRPOy' In Vi.tness Whereof,-EAGLE COUNTYiDMLDPMNl` av y WION,-by'authority of',3ts Board of'Directa3rs, has caused �.,�(1 this insult to be executed-•by its'Ptesfdent'. atta'sted '" .. by its Secretary ,axed its. ebrporate• seal hereto affixed 'this day of December., 1962, '"E\C•,tl+C':'i Lar}}'e-'.i^. . ,s - - •' - ' EAGLE COUNTY DEVE OFMENT CORPORATrON " �� �7,7i}.115x'•. t..ti4. .,i.l'' $ecret8xyf y !� .��, ••;=-:• • STAB 'bF ' CO%C3�tA�' • .... } • CITY SAND'0XfiiTY'01?' DEMR. } '" :�: taxi , tiiiB "rVVV day of l7eceiab�-_r, -1362,• before, ase ap- . Y F', peared WM. DAMESsonal.l.y knomvz , who being duly. ' :. swam dill say..tha�t, he is President of. Eagle County Developmerit ;V ' : cox oration ' A Oolorad.o aor oratinx7 and that the,seal affiked P p , to the foregoirig instrument is. the ''cogporate seal of said 'cor- ?' - oratian ani that the, fore o.in instrument was si gnaci ' and 'sealed p g g, _ 'behalf in of said car orat ion by its. Board of T3ireotorg and President acknowledged said fnstr'umeiit to be the free act ` s51. deed aee rid' d of said or orltion and W. H. Heidtbrink .)'r. as cp y. r _ F r� - 1 � s ")1 ''' d� l� }1y''`'l�r�+'•'.' lj t Y 1,Y i du"� t.. F�`ti '.=•f fs s, I •,. - '•,�s: �'=': f mss: )i� i �. �' i t' ,?".: �..: ri ;%-.r`` ,.�,. r fs, r. ` t':;1,-.�.. .•µ� .�_'1 ?[r� .-.5 -,'Y)` f. r_ri'. �.S12 .:1• ��-� y. `':i ' ::fir•.. ��i: .ti -++r4 _ .;`'T=1: �•; , 4 4 c �. �tX'7� y1 s )•r ft-, � \°j. 7 •S �\, to �` r � J iiS1�Lih %j. �i ice'( � .y''. i,`: C �' f.:'{� i�i`, t . .;'t:,1•: __ .-...�. :. .�Y.; ,^Y- •[�'� ':Ji':'r' err,`.. .I:.l ''-try.,. x�. ��, .irk^�:� t*`� �n,�'`IJ•,"� . . 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Al jL I -PA a MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: August 16, 1983 SUBJECT: Request for a minor subdivision to vacate a lot line between lots 25 and 26, Bighorn Terrace Subdivision. Applicant: Ted Stockmar THE REQUEST The Stockmars own a duplex, units 25 and 26, located in the Bighorn Terrace Subdivision. The owners wish to add an entry, build an enclosed room for a ,jacuzzi and eliminate one kitchen from the structure. The structure will be used as a single family unit. The lot line common to units 25 and 26 runs directly through the center of the structure. Given the current configuation of the lots, remodeling would require various variances: ,� GRFA variance would be required to build the entry on lot 25; the entry also would not meet setback requirements because of the lot line. After lots 25 and 26 are consolidated through vacation of the lot line, no variances will be required for the remodeling and the building will remain well within GRFA limitations. After the remodeling takes place the consolidated lot will house approximately 1870 GRFA with 2468 GRFA allowable. See attached site plan. CRITERIA FOR APPROVAL The criteria to evaluate a minor subdivision is outlined in the Purpose section of the Subdivision Regulations. Section 17.04.010 (B) appears below: To these ends, these regulations are intended to protect the environment, to ensure efficient circulation, adequate improvements, sufficient open space and, in general, to assist the orderly, efficient and integrated development of the town of Vail. These regulations also provide for the proper arrange- ment of streets and ensure proper distribution of population. The regulations also coordinate the need for public services with governmental improvement programs. Standards for design and construction of improvements are hereby set forth to ensure adequate and convenient-7traffic circulation, utilities, emergency access, drainage, recreation and light and air. The Stockmar application complies with the purpose of the Subdivision Regulations. STAFF RECOMMENDATION The Department of Community Development recommends approval of the requested lot line vacation. By consolidating the lots, a single unit shall be standing on a single lot; this situation makes more sense than a single structure standing on two lots. The application also conforms with the purpose section of the Subdivision Regulations. In addition, the applicant shall be able to improve the residence without asking for variances. 0 0 ` PEC 8/22/83 -18- 8. Request for the modification of a conditional use perrflit in order to expand the playgound to accommodate a sodded soccer field at the Vail Mountain School at 3160 Katsos Ranch Road._ Applicant: Vail Mtn School, Inc. Peter Jamar showed the site plan. Ron Todd, representing the Mountain School showed a topo and explained that when they applied for the permit, they didn't have a topo of the site. When they saw the steepness, they weren't sure they wanted to spend the money to level the ground over such a large area, but would perhaps level a smaller area. Donovan stated that she would like the school to go for the full size field, as long as they kept the berm. Pierce, speaking as a member of the board of the Mtn . School, stated that they would like to increase the field while not asking for a specific area. Viele moved and memo. The vote an seconded to approve the ame 5 in favor with Pierce and Cor d request as an abstaininq. r zne sza 9. Request for a minor subdivision to vacate a lot line between lots 25 and 26, Bi horn Terrace Subdivision. Applicant: Ted P. Stockmar Jim Sayre explained that the reason for the request was that then no variances would be required for a remodeling to a single family unit. He added that after the remodeling takes place, the consolidated lot would house approximately 1870 GRFA with 2468 GRFA allowed. He added that the staff recommended approval because the application complied with the purpose of the Subdivision Regulations, and because a single unit then would be standing on a single lot, rather than on two lots. He added that three trees could be replanted or replaced, with this concern passed on to the DRB. After discussion, Corcoran moved and Viele seconded to approve the request per the staff memo. The vote was 7-0 in favor. The meeting was adjourned about 5:00 pm. LI r w /e i e UNIT 26- r r � LOT l l 1u � w rT f � 1 J r\ o ACCESS AND "—� U r rY rY -•-.� CASFM.E 1� .o LOT LINE 'to — VACATED M� •---EJySE1,iENT LIN o ygELLITO F? MAIN f� I _� �BE VACATED �`�.,.� - PA kfasfiM m tENr I. VG DWELLING' cu -77 TOTAL AREA ' 0.16 CRSS m 5� UN 1T 25 CD S' -10 / f A15 j. • I r i N B2'17'30"W 79.0 r„ err �+E�Fr �.n11� Vi�1i.,_LJIIVJ L�vr�7r.r,JfCld, .�Ji�lIJJI�EIE�tvIVr !0' I3� AqL O F ' AIE w ISr 46,v5 1 R Vc.-rjo/U • ti �r Blas I ]R!J, yN 4i ]H1 61 F% RLVR -v1pj523,;9C IIxwq�pY d4V fN I'3Yld"5 OtlV A::AI 3U9f: -.SYf1 Npgylll :L`I�NSSV�,4y,"L' _ _, oy5,N�1i3iuuv AN�,y5. 9N0 SttY'iN' J,a(<;J15 v U H N'JtAI p Q A 0 M1 6 I � k � I l � � Lo ...awr ois'1 1 1 a»p 1 ae es Y { f � y I ' VLr'V'.�Y..J S1 v"�!'.k._ L-1 D Account Account: R033973 Page 1 of 1 Location Oivrrcr Information Assessment llistory Parcel Number 2101-122-14-028 Owner Name UPTON, ANNE S. Actual (2012) $745,400 Tax Area SC103 -'VAIL (TOWN) - SC 103 Owner Address 15 ROCK CREST DR Primary Taxable $59,330 Situs Address 004192 COLUMBINE WY CAPE ELIZABETH, ME 04107-1655 Tax Area: SC103 Mill Levy: 46.9000 Legal Summary Subdivision: BIGHORN 'Type Actual Assessed Acres SQFT Units TERRACE UNITS 25 & 26 Improvements $462,440 $36,810 0.000 2357.900 0.000 BK -0211 PG -0474 MAP 10-13-62 Land $282,960 $22,520 0.161 0.000 0.000 R862673 GWD 11-20-03 Transfers Sale Price Sale Date Reception Number Book Page 06102/2009 200911293 10/14/2008 200823125 518.000 ti 7110/ 1968 � B: 0213 11: 0693 518.000 02,114/1968 B: 0212 11: 0 195 Images • Photo • Sketch • (IS http://property.eaglecounty.us/assessorltaxweblaccount.jsp?accountNum=RO33973 8/7/2012 __ r http://property.eaglecounty.us/assessorltaxweblaccount.jsp?accountNum=RO33973 8/7/2012 __ UPTON, ANNE S. 15 ROCK CREST DR CAPE ELIZABETH, ME 04107-1655 Property Record Card Eagle Account: R033973 Tax Area: SC 103 - VAIL (TOWN) - SC103 Acres: 0.161 Parcel: 2101-122-14-028 Situs Address: 004192 COLUMBINE WY VAIL AREA, 0 Valise Summary 1112 - SINGLE FAM.RCS.-LAND Percentage Legal Description Value $ Market Override Subdivision: BIGHORN TERRACE UNITS 25 & 26 Y 6652 - BIGHORN HWY 6 Super Neighborhood BIC -0211 1 G-0474 MAP 10-13-62 Land (1) $282,960 N/A R862673 GWD 11-20-03 Single Family $557,850 $458,240 Residence (1) Extra Feature (1) $2,160 N/A Extra Feature (2) $2,040 N/A Total $845,010 $745,400 Public Remarks Entry Date Model Remark Land Occurrence I Single Family Residence Occurrence I Land Occurrence 1 Abstract Code 1112 - SINGLE FAM.RCS.-LAND Percentage 100.0 Use Code 1000 - RESIDENTIAL Neighborhood 140 - BIGHORN TERRACE Land Code 6652 - BIGHORN HWY 6 Super Neighborhood 100 - EAST VAIL / BOOTH FALLS Size 7047 Zoning 32 - MDMF SubArea Land U Total ACTUAL EFFECTIVE 2358 2,358.00 HEATED FOOTPRINT A#: R033973 P#: 210112214028 As of: 08/07/2012 Page 1 of 4 Property Record Card Eagle Land Occurrence 1 Value Rate Rate Rate Rate $282,960 120.00 Single Fami1V Residence Occurrence 1 Abstract Cade 1212 - SINGLE FAM.RES- Percentage 100.0 FOOTPRINT IMPROVEMTS 1465.9 1465.9 Use Code 1000 - RESIDENTIAL Neighborhood 140 - BIGHORN TERRACE Building Type 121200 - SFR Arch Style 3 - 2 STORY Exterior Wall 8 - WD SID LOW Percentage 50.0 W DD 16 - FR STUCCO 254.5 50.0 Roof Cover 4 -BUILT-UP Roof Structure 3-GABLEIHIP Interior Wall 5 - DRYWALL Percentage 100.0 Floor 23 - CERAMIC TL Percentage 20.0 5458,240 125.39 14 - CARPET INV 194.34 80.0 Heating Fuel 3 -GAS Heating Type 3 - FORCED AIR Air Conditioning 0 - NONE Actual Year Suitt 1967 Bedrooms 5 Bathrooms 3 Construction Quality 3 - FAIR Effective Year Built 1990 Fixtures 12 Rooms 8 Units 1 Units 1 Super Neighborhood 100 - EAST VAIL / BOOTH FALLS Stories 2 - STORIES 2.0 Use Code 1000 - RESIDENTIAL Garage 0 - NO GARAGE SubArea ACTUAL EFFECTIVE HEATED FOOTPRINT BAS 1465.9 1465.9 1465.9 1465.9 FUS 892.0 892.0 892.0 892.0 STO 24.0 19.2 24.0 W DD 1272.6 254.5 1272.6 Total 3,654.50 2,631.60 2,357.90 3,654.50 Value Rate Rate Rate Rate 5458,240 125.39 174.13 194.34 125.39 A#: R033973 P#: 210112214028 As of. 08/07/2012 Page 2 of 4 Property Record Card Eagle Single Fami1v Residence Occurrence 1 Extra Feature Occurrence 1 XFOB Code 100 - FIREPL. F Abstract Cade 1212 - SINGLE FAM.RES- IMPROVEMTS Percentage 100.0 Use Code 1000 - RESIDENTIAL Neighborhood 140 - BIGHORN TERRACE SubArea ACTUAL EFFECTIVE HEATED FOOTPRINT XFOB Units 2 Total 2.00 Value Rate hate Rate Rate 52,160 1,080.00 Extra Feature Occurrence 2 XFOB Code 330 - HYDR-TUB A Abstract Code 1212 - SINGLE FAM.RES- IMPROVEMTS Percentage 100.0 Use Code 1000 - RESIDENTIAL Neighborhood 140 - BIGHORN TERRACE SubArea ACTUAL EFFECTIVE HEATED FOO'T'PRINT XFOB Units I Total 1.00 Value Rate Rate Rate Rate 52,040 2,040.00 Abstract Summar Code Classification Actual Value Taxable Actual Taxable Value Override Override 1112 SINGLE FAM.RES.-LAND $282,960 $22,520 NA NA AM R033973 P##: 210112214028 As of: 08/07/2012 Page 3 of 4 Property Record Card Eagle Abstract Summar 1212 SINGLE FAM.RLS-IMPROVEMTS 5562,050 $44,740 $462,440 $36,810 Total $845,010 $67,260 $745,400 $59,330 A#: R033973 P#: 210112214028 As of: 08/07/2012 Page 4 of 4 Excerpts from the minutes of Bighorn mutual sanitation & Recreation co. Meeting of October 13, 1979 There then followed a general discussion of Parking problems and it was agreed that these minutes would repeat the company's rules for use of cvsrnon adopted in the NOvember 13, 1977 :aeetzngParkin� areas asThey. aretrepeated here as follows. r`A Rule for Use of Common Parkin Areas, The common parking areas awYied by the Assn-Ciatl n are for the reasonable use of all owners, their tenants and guests, subject to the control of the .hoard of Managers. It is xecagniZed that parking spaces are limited and consist of little more than space for ane and cine -half spaces per unit every if the highest degree of voluntary cooperation exists. All, con- cerned are requested Particularly to park so as not to block the ingress and egress of others and to make every effort to cooperate with the snow plower so that the parking areas can be cleared properly and economically for everyone Q s benef,ta Special cooperation is asked sn that those Parking areas in close prOximitY to the individual units are available to the occupants of such units Everypne is rem.iiided also that much Of the space between the individual duplex units is private Property and should not be infringed upon without the permission of the owners.. spec'f'cal.ly prOhibited without the empress pe'rzissiara Of the Board of mangers is the per_ are hit at we long-term parking ar stOrage of vehicles used only infrequently and under no cirm c=stances shall, oversiged vans, mobile homes, trailers, campers and similar Vehicles or equipment, whether truck mounted or stared, or any read build- ing, construction or similar equipment be allowed in the commas larking areas a n AMENS AND REGULaTIONS D BIGHORN $+TU'i'UAL SANITATION RECREATION Co. (corLsolidated as of may 1, 1990) The ownership of properties within Bighorn Mutual. Sanitation &.Recreation Co. is somewhat different from typical condominium ownership. Building A is owned by eight individual owners subject to a condominium agreement covering that building only. The same is true of Building B and its owners. Each of those 16 owners owns one of the 41 shams in the Bighorn Mutual Sanitation & Recreation Co. Units D-1 through D-26 are each constructed on separate' parcels of land owned by the owner of the unit in the same fashion as an ordinary house and lot would be owned in a town. The same is true of the two separate houses at the northeast corner of Bighorn Terrace. Whoever owns one of the D --Units also owns one of the 43 shares of the Bighorn Mutual. Sanitation & Recreation coo The same is true with respect to the northern of the two indi.vidua.l, houses in the northeast corner of Bighorn Terrace. For some historical reason, the owner of the southern of the two houses is not entitled to a share in the company, Also within Bighorn Terrace are several common areas owned by the Company for the equal undivided use and benefit of the owners of the 43 shares of the Company. The common area generally includes: 1. Parking areas, 2. The Bighorn pond and the streams flowing into and out of it and the area surrounding the pondF including what has been Called the skate house; 3. The skate house is not generally available for the use and benefit of the Company shareholders because it contains several apartments that are rented to provide a source of funds to take care of plowing, parking- area resurfacing, beautification, etVr P The common areas are shown on the map attached hereto. It should be understood that the Bighorn Mutual Sanitation & Recreation Co, has no ownership interest in, or Legal jurisdiction over, any of the privately --owned properties described above. It does, however, awn and has legal jurisdiction 0 -ver the common areas. The Town of Vail, as with all private property within its boundaries, also has a legal. Jurisdiction for certain matters over the areas of and activities within Bighorn Terrace, Rules and regulations relating to the use of the common areas -have been adopted by the Company over the course Of -many years as reflected in minutes of its annum, meetings. These rules and regulations have been consolidated and codified in this document so that each owner may have all of the rules and regulations in one place for his information and for the infox-oration of his tenants and users US OF POW D AREA All owners and their guests and tenants are welcome to use the .pond and the area around it for recreational purposes. children under age 14 may fish in the pond with any kind of fishing equipment and keep whatever fish they catch. Adults and young persons over 14 may also fish in the pond but are restricted to use of barbless hooks and are required to return to the pend whatever fish they may catch. No fish should be handled unless the handler -s hands are Preto Boating on the pond, swimming Ln it, playing around it and in the streams flowing in and Out, of it, as well as skating or otherwise playing on the ice covering the pard in winter is understood to be at the sole risk of whoever is using the pond and of the parents of minors using the pond. The Company assumes no liability with respect to such activities and does not provide a watchman, caretaker or lifeguard as part of its management of the common areas, the cThe Company has provided barrelsfor in the pond area or ollectiOn of trash and pond users are requested to place their trash in these barrels. No trash should be thrown into the pond or the streams Bowing in and out of it. some access to the pond is over privately -owned prOperty. Such access is based upon revocable permission from such owners and it is understood that no ownership rights are accruing to users by their use of such access The pond area is not to be used for the steerage of any vehicles, equipment or other material -2- SE or DSIOvTwa mw. AS There are no assigned Parking spaces, Of the paved parks areas However, some are on Privately -owned land and are not part of the commm on areas. These areas can be identified from the map Of the common areas attached, The utmost cooperation and courtesy should be extended by everyone to everyone else so that the convenience of all O"ers, guests and tenants can be maximized. IT IS ABSOLUTELY ESSENTIAL THAT EVERYONE COOPERATE IN REMOVING VEHICLES FROM THE COMMON AREAS AND ROTATING TOTEM SO THAT THE SNOWPLOWER CAN DO HIS JOB PROPERLY. THIS IS PARTICULARLY IMPORTANT WITH RESPECT TO VEHICLES TMPEDTNG ACCESS TO THE SNOW STORAGE AREAS. Vehicles -hoar are member periods simply left unmoved for long of time tO pose a problem for the rest Of the members of the Association wild, be towed away at. the Owner°s expense. Withrespect to ,the cul-de-sac -- Columbine Way - arrangeanents are made with the snowplower to opera a traffic Zane before 7:00 aim, each morning after or while it is snowing if this is necessary to permit ingress and egress Parking vehicles in the narrow parts of the cul -de --sac causes unnecessary traffic problems and makes effective snowplowing difficult. The snOwPlower has been instructedtoPlow as close as Possible o vehicles so parked, he Company will Piot be responsible for damage to vehicles improperly parked. truckParking is limited to automobiles, vans, pick-up s (including those with covered reds) -hoar are in frequent Use by owners, guests and tenants, storage of Vehicles is n©t The long 'term trailers permitted nor is the parking of campers, motor homOs or any vehioles in which a person might sleep or eat is not permitted without the express consent Of the Board of Directors. fire lThe little roadway between Buildings A and B is a ane for the protection Of Buildings A and B and the D -Units in the western part Of the cul de sac. This fire lane is to be kept open at all times so that fire equipment and hoses may have access ENFORCEM ANT pP RYJLEB The Beard Of Direotors has the authority to enforce these rules and r'egulatior,s and will treat continuing violators of the rules according to the fo.11ewing sequence: -3- A. The Board will first determine whether the Violations can be tolerated, in which case no action will be taken. In this respect the Board may consult with the particular owners affected by the problem Be Friendly persuasion, of the violator will be used to attempt to cure the problem, Co It friendly persuasion fails to cure the problem, then the Board of directors may serge written notice on the owners of the oCCupant of the unit responsible for the violation to cure the problem within a specified time. In this respect owners are fully responsible for the actions of their tenants and guests D. If the problem is not cured within the tune stated in the foregoing notice, the Board of Directors may either (i) by formal notice to the owner, remove the owner's rights to use the common area; or (ii) impose a daily fine on the offending owner until the problem is cured. The suspension of rights to use the common areas shall be for such period of time as determined by the Board of Directors. If fines are levied and not paid, the unpaid amount shall be considered a lien on the offending owner's interest in the common areas and will be subject to foreclosure. Any vehicles or equipment situated on the common areas notwithstanding such suspension of rights shall be toured or otherwise removed at the owner's expense, GENERAL Bighorn is primarily a family and residential area with most of the owners involved in improving and upgrading their respective properties and their values, It is essential that the s, guests and tenants in using the common areas act courteously as goad neighbors with fall, respect for the private ownership rights of others. TFSp/AD9 _4- Bb •t�5g9i gh_ $r �-1f i �•z 4 �6d wa �Rw`wLsit . uBewrY�t �C r - - �.: �•rl �y� Y# 7JR I� � L` UI i• � Ni �v P".a .rG r `s •'Z`� . `'J �" �yM x� '•}� ` 9�i 0.! LS L. .�- z�qr;, �k''a�:>_":•,:s�j-":cam �vrj�= �3L �. i`!c: r I: �t ! a�Vh, : W M 4 S a I r}ti — p��;as �� •'°-st III m ngig hyo 1�/jj}' s y So3vin 56SY��r r s F.+ 3=op9�°y-S��o �gVS;�Sg�;YY39F� r>_Fxr��rrbyY ��vYi�`s�BirYs MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 12, 2005 SUBJECT: A request for a final review of a variance, from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition within the side setbacks, located at 4247 Columbine Drive, Unit 19/Bighorn Terrace Subdivision, and setting forth details in regard thereto (PEC05- 0088 ). Applicant: Catherine H. Petros Planner: Elisabeth Eckel 1. SUMMARY The applicant, Catherine Petros, is requesting a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition within the side setbacks, located at 4247 Columbine Drive, Unit 19/Bighorn Terrace Subdivision. The requested variance is the result of a proposal to construct a new entryway addition upon an existing duplex structure. Staff is recommending approval, with conditions, of the requested variance because a practical difficulty or hardship exists and approval of the variance would not constitute a granting of special privilege to this property owner. DESCRIPTION OF REQUEST The applicant, Catherine Petros, is requesting a variance from the side setback regulations specified in Section 12-6G-6, Vail Town Code, in order to. construct a new entryway at the duplex residence they share in the Bighorn Terrace Subdivision. Currently, the duplex is one of twenty six duplexes within the Subdivision, which was annexed into the Town of Vail in 1974. The Town zoned the Subdivision Medium Density Multi -Family (MDMF) at the time of annexation, which prescribes twenty foot setbacks at the front, sides, and rear of each lot. Because the zoning designation was applied to the. lots following the construction of the structures, multiple hon -conformities resulted upon each lot within Bighorn Terrace. The area proposed for expansion is located at the front of the residence and includes sixty-eight (68) square feet Gross Residential Floor Area (GRFA) of the allowable 250 square foot addition allotted to Unit 1.9. The purpose of the addition is to form an enclosed entryway. According to the Town's files, no variances have been requested or granted to Unit 19 to date. The footprint of the duplex under consideration (as well as many other duplexes within the development) lies somewhat askew atop the property line. As a result, the duplex is located completely within the western side setback_ The duplex also currently extends as much as fourteen feet (14') into the eastern setback, leaving a six foot (6') side setback near the northeast corner of the Lot. Because the side setbacks figuratively "overlap", no part of the lot is free from the encumbrance of side setbacks. As a result, the applicant is requesting a variance to build within the western side 1 setback and to extend by seven feet (7') into the eastern setback. The encroachment into the eastern side setback will not result in an encroachment greater than that which already exists today 0 41 There will be no encroachment into the front or rear setbacks as a result of the proposal. The applicant is concurrently proposing to replace in the same location the exterior stairs and deck located at the front of the residence within the parking easement, which is twenty feet (20') deep and encompasses the same square area as the front setback. Ill. BACKGROUND Many other Lots within the Bighorn Terrace subdivision have requested and been granted setback variances for new construction. Following is a list of associated requests and recommended support or the lack thereof by Staff, followed by the vote of the PEC. Date Applicant TXtoe of Request Amount of Variance Staff Recommendation PECAction 1977 Benysh GRFA 130 square feet Approval Approval Setback 8 feet Approval Approval 1978 Rowe GRFA 473 square feet Denial Approval Setback 7. 5 feet Denial Approval 1978 Alder GRFA 75 square feet Denial Approval Setback 8 feet Denial Approval 1978 Turnbull Setback 7 feet Approval Approval 1980 Curfman GRFA 177 square feet Denial Approval 1982 Odum GRFA 122 square feet Denial Tabled Setback 18 feet Approval Tabled 1983 Houston GRFA 80 square feet Denial Approval Setback 16 feet Denial Approval 1985 Sherr GRFA 50 square feet Denial Approval Setbacks (3) 3, 11, 13 feet Approval Approval 1985 Nicholson GRFA 395 square feet Denial Denial Setback third floor directly above Approval Approval 1990 Benysh Setbacks (2) 13, 15 feet Denial Approval 9990 Nil€son Setbacks (2) 11, 15 feet Denial. , Approval 2005 Pefros Setbacks (2) 7, 20 feet Approval A vicinity map depicting the location of the residence is attached for reference (Attachment A). Reduced copies of the proposed site plan and elevations are attached for reference (Attachment B) as are photos of the existing residence (Attachment C), the written request from the applicant (Attachment D) and the public notice which preceded the request (Attachment E). .IV. ROLES OF REVIEWING BODIES The PEC is responsible for evaluating a proposal for: Action: The PEC is responsible for final approval/denial of a variance. The PEC is responsible for evaluating a proposal for; 2 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. Design Review Board: Action: The DRB has no review authority on a variance, but must review any accompanying DRS application. Town Council: Actions of the Design Review Board or the Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the DRB or PEC erred with approvals or denials, and may uphold, uphold with modifications, or overturn the Board's decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Zoning Regulations Section 12-2 Definitions SETBACK: The distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures, orbuildings on the site Section 12-6G-6, Medium Density Multi -Family District Setbacks: In the MDMF district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). Section 12-17 Variances (in part) 3 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict orliteral interpretation and enforcement, variances from certain regulations maybe granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. 12-17-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION: Within twenty (20) days of the closing of a public hearing on a variance application, the planning and environmental commission shall act on the application. The commission may approve the application as submitted ormay approve the application subject to such modifications orcondifions as it deems necessary to accomplish the purposes of this title, or the commission may deny the application. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the commission may prescribe. 12-17-7. PERMIT APPROVAL AND EFFECT - Approval of the variance shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion within two (2) years from when the approval becomes final. V. ZONING ANALYSIS Address/Legal: 4247 Columbine Drive, Unit 20/Bighorn Terrace Subdivision Zoning: Medium Density Multi -Family (MDMF) Development Standard Allowed/Required Existing Proposed Lot Area: 10,000 sq. ft. 1,747 sq. ft. Setbacks: Front: 20 ft. 27 ft. Sides: 20 ft. 6 ft. (E)10 ft. (W) Rear: 20 ft. 1.5 feet Building Height: 33' 23' GRFA: 978 sq. ft. 1,175 sq. ft. Site Coverage: 786 sq. ft. (45%) 632 sq. ft. (369/0) Landscape Area: 524 sq. ft. (30%) 1,115 sq. ft. (64%) Parking: 2 spaces 2 spaces no change 23 ft. 13 ft (E)10 ft. {Wj no change no change 1,243 sq. ft. 700 sq. ft. (40%) 1,047 sq. ft. (60%) no change VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: High Density Residential Residential Cluster South: Medium Density Residential Two Family Residential East: Medium Density Residential Two Family Residential West: Medium Density Residential Agricultural Open Space VIII. CRITERIA AND FINDINGS A. Consideration of Factors Regarding the Setback and Parking Location Variances: The relationship of the requested variances to other existing or potential uses and structures in the vicinity. This lot is located in a neighborhood with lot sizes generally smaller than 1,500 square feet. Because the subdivision was platted and constructed prior to annexation and the application of a zoning designation, a number of non -conformities exist within the subdivision, including numerous setback encroachments. As designated in the referenced chart, multiple homeowners within the subdivision have requested and been granted variances for encroachments into the setbacks in order to expand and or update the facades or interiors of the homes. The applicant's request is similar in nature to previously granted variances. Because each lot within this subdivision has experienced "physical difficulty due to the size, shape or dimensions of the site", Staff feels that requests such as the ones granted have been warranted. Staff recommends that, if the request is approved, it be paired with conditions which aid in the improvement of other aspects of non -conformity on the lot, such as a redesign of the existing deck and staircase to allow for at least partial placement of the non -conforming parking that is currently located entirely within the Town of Vail right-of-way instead of within the twenty foot parking easement designated at the front of the Lot. This may involve reducing the existing deck form its current depth on Lot 19 of eighteen feet (18') to approximately three feet (3') in depth and locating the existing staircases to the east and west of the remodeled deck instead of at the south of the lot, where the stairs currently exist directly within the parking easement. Concurrently, Staff recommends that the applicant provides increased landscaping in front of the proposed addition for additional screening of the residence, which currently exhibits significant street visibility. Additionally, because the party wall and the property line of the duplex are not aligned, Staff recommends that this issue be brought into conformance through an updated plat, also as a condition of approval. Therefore, because the applicant's proposal involves no encroachment into 5 the front setback or the parking easement (therefore the placement of the proposed addition will not affect the amount of open space between Unit 19 and surrounding units) and does not involve a variance request from site coverage or landscaping requirements, Staff feels that this request may concurrently improve conditions upon this lot if paired with appropriate conditions of approval. 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 sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Strict and literal interpretation of the setback regulations within the Bighorn Terrace Subdivision has not been historically enforced by the Planning and Environmental Commission due to the widespread non -conformities that exist within the subdivision as a result of the timing between construction, annexation, and zoning designation. Until this point, the PEC has clearly supported similar treatment of the duplexes in this area, which has involved frequent approval of variance requests similarto the.proposal currently under review. Staff recommends that the PEC discuss future treatment of setback variances for lots within this Subdivision in order to continue to allow for equal treatment while not providing an unnecessary amount of relief from the regulations. 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. The proposal will have some effect on the amount of light and air within the Subdivision, though the location of the requested addition concerns the periphery of the development, which faces Columbine Drive, where the amount of available light and air is greater than the amount of light and air within the Subdivision. Asa result, the effect on light and air would be less intrusive than if the addition was proposed at the east or west sides of the duplex or at the inner areas of the Bighorn Terrace development. The proposal will increase the amount of bulk and mass upon the site, though will not increase the "depth" of encroachment into either of the side setbacks. Staff's suggestion for increased landscaping at the front of the lot may help to provide more flexibility for the Town, should the parking easement ever need to be permanently accessed for parking, the use forwhich itwas clearly intended. The effect of the proposal on the distribution of population, transportation and traffic facilities, public facilities and utilities and public safety, will not be substantial. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. The Planning and Environmental Commission shall make the following findings before granting a variance: - g � 6 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 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 6maiers of other properties in the same district. IX. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of the request for a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the construction of gross residential floor area within the side setbacks located at 4247 Columbine Drive, Unit 191 Bighorn Terrace Subdivision based upon the review of the criteria in Section Vil l of this memorandum and the evidence and.testimony presented as well as the findings listed below.. Staff recommends that, should the Planning and Environmental Commission choose to approve the application, the following findings be made a part of the motion: 1. That the granting of the variances 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 variances will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the strict interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Regulations. 4. That the strict interpretation or enforcement of the specified regulation will deprive the applicant of privileges enjoyed by the owners of other properties in the same district_ Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the -following conditions: 7 Prior to design review of the associated application, the applicant shall provide plans designating the reduction of the deck size and the relocation of the stairs to provide a fully accessible parking easement. 2. Prior to the receipt of a Temporary Certificate of Occupancy by the Community Development Department, the applicant shall plant landscaping to the equivalent of three {3} six to eightfoot tall coniferous trees to the south of the proposed addition in order to visibly reduce the perceived bulk and mass of the addition. 3. Prior to issuance of a building permit, the applicant shall obtain from the Public Works Department a revocable right-of-way permit for the parking that will remain within the Town's right-of-way. 4_ Prior to the issuance of a Temporary Certificate of Occupancy by the Community Development Department, the applicant shall receive approval of a revised plat for Lots 19 and 20, which delineates a property line congruent with the existing party wall. 5. This approval of this variance request shall be contingent upon the applicant receiving Town of Vail approval of the related design review application. IX. ATTACHMENTS A. Vicinity Map B. Reduced Plans C. Photos D. Applicant's Request E. Publication Notice 7 12-17-1: Purpose: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and- unnecessary physical hardships inconsistent withthe objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. VI. SITE ANALYSIS VII Address: 4242 East Columbine Way, #8 Legal Description: Lot 8, Bighorn Terrace Zoning. Medium Density Multiple -Family Residential Land Use Plan Designation: Medium Density Residential Current Land Use: Residential Standard Lot Area (min): Setbacks (max): Front: West Side East Side: Rear: Density (max) GRFA (max): Allowed/Required Existing Proposed 10,000 sq. ft. 1,568 sq. ft. no change 20' 15.4' 11.9' 20' 0' no change 20` 9.5' no change 20' 14' no change 1 unit 878 sq.ft. Site Coverage (max): 705 sq.ft. (45%) Landscape Area (min):470 sq.ft. (30%) Parking (min): 2 spaces 1 unit 813 sq.ft. 432 sq.ft. (28%) 1,136 sq.ft. (72%) 0 spaces no change 582 sq.ft.* 478 sq.ft. (30%) 837 sq.ft. (53%) 1 space (enclosed) * The proposed garage area is deducted from the GRFA calculations. SURROUNDING LAND USES AND ZONING 0 Land Use Zoning North: Residential High Density Multiple -Family Residential South: Residential Medium Density Multiple -Family Residential East: Residential Medium Density Multiple -Family Residential West: Residential Medium Density Multiple -Family Residential 0 Design Review Board: Action: The Design Review Board has NO review authority on a variance, but must review any accompanying Design Review Board application. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Staff. The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memorandum containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review, process. V. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Article 12-6G: Medium Density Multiple -Family (MDMF) District 12-6G-1: PURPOSE. The medium density multiple -family district is intended to provide sites for multiple -family dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with such public facilities as may appropriately be located in the same district. The medium density multiple -family district is intended to ensure adequate light, air, open space, and other amenities commensurate with multiple -family occupancy, and to maintain the desirable residential qualities of the district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, and where permitted, are intended to blend harmoniously with the residential character of the district. 12-6G-6: SETBACKS: In the MDMF district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). Chapter 12-17: Variances 3 may be a basis for granting a variance from the Town's current zoning regulations. Several similar setback variance requests have previously been approved within the Bighorn Terrace Subdivision, including Lots 5, 7, 9, 11, 17, 20, 22, and 23. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for acceptability of use and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval/deniailapproval with. conditions of a variance. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas_ 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. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. Conformance with development standards of zone district Lot area Setbacks Building Height Density G RFA Site coverage Landscape area Parking and loading Mitigation of development impacts 2 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 13, 2004 SUBJECT: A request for final review of a variance, from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a variance to allow for a residential addition, located at 4242 East Columbine Way/Lot 8, Bighorn Terrace, and setting forth details in regard thereto. Applicant: Kathryn Benysh Planner: Bill Gibson I. SUMMARY The applicant, Kathryn Benysh is requesting a variance from Section 12-6G-6, Setbacks, Vail Town Code, to allow for a residential addition at 4242 East Columbine Way, #8. Based upon Staff's review of the criteria in Section Vill of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of the variances subject to the findings and conditions noted in Section IX of this memorandum. H. DESCRIPTION OF REQUEST The applicant is the owner of Lot 7 and Lot 8, Bighorn Terrace. Lots 7 and 8 comprise the west and east halves of an existing duplex which was originally constructed under Eagle County jurisdiction in 1967. The applicant is proposing to convert a portion of the lower level of the east unit (Lot 8) into a single -car garage. To comply with the Town of Vail's minimum interior parking space size standards (9'x18'), the applicant is proposing to construct a 45.6 sq.ft. expansion to the east unit. The existing residence currently encroaches 4.5 feet into the required 20 foot front setback requirement, and approximately 8 feet as proposed. The applicant's proposed architectural plans have been attached for reference (see Attachments B). The provisions of Section 12-17, Variance, Vail Town Code, determine the review criteria and review procedures for a variance request. Ili. BACKGROUND The existing residence located at 4242 East Columbine Way, #8 was originally co.Qstructed under Eagle County jurisdiction in 1967 and later annexed into the Town of Vail in 9974. The existing lot and structure are both non -conforming in regard to numerous provisions of the Town's zoning regulations. The Planning and Environmental Commission has consistently held that construction of a structure prior to annexation or the adoption of the current zoning regulations .13 Planning and Environmental Commission has previously approved similar setback variances for eight other Bighorn Terrace lots_ Staff believes the applicant has proposed the minimum necessary amount of deviation from the setback requirements to facilitate the construction of a single -car garage space that conforms to the Town of Vail's parking space dimensions standards. Therefore, Staff believes this proposal will provide the minimum relief from the strict and literal interpretation and enforcement of the setback regulations necessary to achieve compatibility and uniformity among sites in the vicinity and within the Medium Density Multiple -Family district. Additionally, the Planning and Environmental Commission has consistently held that construction of a structure prior to annexation or the adoption of the current zoning regulations may be a basis for granting a variance from the Town's current zoning regulations_ Therefore, Staff does not believe this proposal will constitute a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff does not believe this proposal will have a significant impact on the public health, safety or welfare, public facilities, utilities, or light and air in comparison to existing conditions of the site. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. The Planning and Environmental Commission shall make the following findings before granting „a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same 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. 0 VIII. CRITERIA AND FINDINGS The review criteria for a request of this nature are established by Chapter 12-16, Vail Town Code. A. Consideration of Factors Regarding Variances: I. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. This proposed addition is associated with a remodel of an existing residence originally constructed in 1967. Both the existing lot and the existing residence are non -conforming in regard to several the provisions of the Town's zoning regulations. The Planning and Environmental Commission has consistently held that construction of a structure prior to annexation or the adoption of the current zoning regulations may be a basis for granting a variance from the Town's current zoning regulations. Staff believes the applicant is proposing to upgrade an existing non -conforming parking situation in a manner that is in keeping with the general character and architectural style of the neighborhood. Staff does not believe this proposal will have any significant negative impacts on nearby existing or potential uses and structures in comparison to the existing conditions. 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 sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Again, both the existing lot and the existing residence are non- conforming in regard to provisions of the Town's zoning regulations_ The Bighorn Terrace subdivision was platted under Eagle County Jurisdiction in a manner which is not consistent with the Town of Vail's regulations. When originally platted, each half of a duplex at Bighorn Terrace was divided as a single lot. Theses single lots are now treated as individual non -conforming lots which do not conform to setbacks, lot sizes, parking, etc. Under today's regulations, the Bighorn Terrace would be platted as a single lot for zoning purposes and subdivided into condominiums or single-family subdivisions for ownership purposes, thus eliminating many of the current non -conforming issues. This proposal improves an existing non -conforming parking situation; however, it does increase the discrepancy of non- conformity in regard to setbacks. Due to the degree of non- conformity in regard to setbacks for all of Bighorn Terrace, the 5 b. 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. 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. IX. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-.17, Variances, Vail Town Code, to allow for a residential addition; located at -4242 East Columbine Way/Lot 8, Bighorn Terrace, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the granting of the variance will not constitute a granting 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 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 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. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the following condition: I. This variance approval shall be contingent upon the applicant receiving Town of Vail design review approval for this proposal. X. ATTACHMENTS A. Vicinity Map B. Architectural Plans C. Public Hearing Notice 7 NOT f�R PROF'# Yp. 1 SL �• r r'�Js" I-$ IDBS ARTICLES Off' INCORPORATION OCT r OF STATE Of CURADO C.DEPARTMENT 0f STATE BIGHORN MUTUAL SANITATION & RECREATION CO. r The undersigned natural person, acting as incorpo- rator, hereby establishes a nonprofit corporation pursuant to the Colorado Nonprofit Corporation Act and adopts the following Articles of Incorporation: ARTICLE I .The name of the corporation is Bighorn Mutual Sani- tation & Recreation Co. ARTICLE II The corporation shall have perpetual existence. ARTICLE III (a) The purposes and objectives of the corporati.bn shall be to serve as a homeowners` association for the sole pt'rose of acquiring, constructing, ;tianagrig, mal'an-ing aiid-,caring for the property of the co. o at .on., ,' ,a `-t.he . betviefit of all of the owners of a part 'of or 2:0-8 and 24-C, Bighorn Suiidivisiori:, Resibdvas-i:od..of.,: Lot `20; Ainended, Map, County of, Eagle., • stet-- �`ci f -. C-61ora:do r 1. , .. .. -1w (b) Powers. In furtherance of the foregoing pur- poses and objects (but not otherwise) and subject to the restrictions set forth in section (c) of this Article the corporation shall have and may exercise all of the powers now or hereafter conferred upon nonprofit corporations organized under the laws of Colorado and may do everything necessary or convenient for the accomplishment of any of the corporate purposes either alone or in connection with other corporations, farms or individuals, and either as principal or agent, subject to such limitations as are or may be prescribed by law, ARTICLE IV The address of the initial registered office of the corporation is 1700 Broadway, Suite 1800, Denver, Colorado 80290. The name of its initial registered agent at such address is Ted P. Stockmar. 7 T'MmTl rT TY The corporation shall have such classes of members a -may :from time to time be prescribed by its .byl,aws . The voting powers= of, each c1a..s,s and their tenure, ,manner' of election or appointment, qualifications, ..terms of .,member_ ship, - right -s', powers, pr -1 -vi leges .<and-• irnmunitie.s ..s.4all .b;e .as from time -..to time-statb�d in the b l is`. VPting.pow..r.s.may --f2— be denied to any class either generally or in any limited way, as long as the corporation shall have at least one class of members having unrestricted voting power. The corporation shall have no capital stock. ARTICLE VI Cumulative voting shall not be allowed in the elec- tion of directors or otherwise. ARTICLE VII The.management of the affairs of the corporation shall be vested in. a Board of Directors. The number of directors shall be three. Their term of office and manner of their selection and election shall be determined accord- ing to the bylaws of the corporation from time to time in force, The names and addresses of the initial board of directors are as follows: Name, Address Dr. Joseph Hanlin 2403 Virgo Drive Colorado Springs, Colorado 80906 Richard 'A. Burks Ted P. Stockmar 4207 East Columbine -Drive Vail, Colorado:365.7 1700 Broadway, ,Suite 1,800 Denver, :,Colox.a O 802,90 -3- ARTICLE VIII The initial bylaws of the corporation shall be as adopted by the Board of Directors. Such board shall have power to alter, amend or repeal the bylaws from time to time in force and to adopt new bylaws. Such bylaws may contain any provisions for the regulation or management of the affairs of the corporation which are not inconsistent with law or these articles of incorporation, as the same may from time to ti -me be amended. However, no bylaw at any time in effect, and no amendment to these articles, shall have the effect of giving any member, director or officer of this corporation any proprietary interest in its property or assets whether during the term of its existence or as an incident to its dissolution, ARTICLE IX The officers of the corporation, their term of office and the manner of designation and ,selection, the voting and other rights and privileges shall be set forth in the bylaws of the corporation, ARTICLE X Conveyances or encumbrances of all or any part of the corporate property may he made only upon the affirmative vote of eighty percent (80%) of the members of the corpora- tion voting at a regular or a special meeting of the members, -4- but no fewer than a majority of all shareholders of the cor- poration, and the President shall be authorized to execute instruments of conveyance or encumbrance, and the seal of the corporation shall be affixed thereto and attested by the Secretary. ARTICLE XI i The name and address of the incorporator ._s: Lino S. Lipinsky de Orlov 1700 Broadway, Suite 1800 Denver, Colorado 80290 r, Dated: October 0 , 1985 'I CO r§0 rato r s -5- I VERIFICATION STATE OF COLORADO ? ) SS, CITY AND COUNTY OF DENVER ) a notary public, hereby cer- tify that on this '2� day of October, 1985, personally appeared before me Lino S. Lipinsky de Qrlov, who being by me first duly sworn declared that he is the person who signed the foregoing document as incorporator and that the statements therein contained are true. (SEAL) Q-\"' A, \\-- - C., " S�' TVN No ary blic My Commission Expires -6- s _ 3,LSA06[N Zs e � \ =1 Ji 1 � aw AR jjl e�744I i o p _, Ali �aF � - I e � \ =1 Ji 1 jjl e�744I i o p _, « « « «. v. .. ._ , � . \ .»: . < as » \ , ���° % �m� , .� \ d\ � � . � � � . . �va.a . . < :° �� � � m� ) . � <«a�«\ww �°: yr� >� \�) . «:. . � 2d ©\ \ ^,.. d »<, � �� � y v � �\ � � � d^ k� \ � « k' � \ G� \ � � \ d. »�/ _ § � \ y S —r— �G� N-Lit7 93 MERE 3 � A -jl 1I a Bill Gibson From: lindy Moore <acctgg@pepis.com> Sent: Thursday, August 09, 2012 3:22 PM To: Bill Gibson Cc: 'JOHN & DIANA DONOVAN' Subject: Bighorn Building B To the Attention of Bill Gibson, As owners of unit #2 Bighorn Building B, We oppose the current plan to build a garage in the set back too close to our building. Thank you for considering our opposition to this, Sincerely, Pepi & Sheika Gramshammer Bill Gibson From: Hale Moore <halem@vail.net> Sent: Thursday, August 09, 2012 3:26 PM To: Bill Gibson Subject: 4192 E Columbine Way As owners of Unit #7 at 4207 Columbine, we are very concerned and opposed to the building of a garage at 4192 E Columbine Way. It will be extremely close to the back wall of our building B, and a gross inconvenience to our tenants. Please consider other options. Carol and Hale Moore PO Box 3746 Avon CO 81620 Bill Gibson From: John Donovan <puckhut@gmail.com> Sent: Thursday, August 09, 2012 3:59 PM To: Bill Gibson Subject: Bighorn building B August 9, 2012 Dear Members of the Planning and Environmental Commission, As owner of Unit 3 in Bighorn Building B I have concerns about the proposed garage located at 4192 East Columbine Way. I have lived in this townhouse for over 20 years and have consistently seen this location used as primary snow storage for the larger neighborhood. My kitchen window directly overlooks the proposed driveway and east end the proposed garage. Construction of this garage will have unintended negative consequences. I am also concerned about the headlights shining directly into my bedroom from less than ten feet away. Due to these properties being developed before the Town of Vail had standard guidelines, there are not the traditional envelopes to shield residences from the impact of driveways. Please consider the above concerns when you deliberate upon allowing the construction of a garage with the setbacks. John Donovan 970-331-1957 4207 Columbine Drive 39 Vail CO, 81657 Sent from my Whone August 8, 2013 Dear Planning and Environmental Commission, I met with Bill Gibson and he was very helpful explaining the plans in more detail for the garage proposed at 4192 East Columbine Way/Lots 25 & 26. I own and live in Unit 5 and am part owner of Unit 6. These are the units closest to the proposed surface parking space/ driveway. Both Bighorn Building B and Bighorn Terrace properties were constructed before town regulations. This has resulted in some very unique property alignments and proximity issues. It also means that setbacks that traditional insulate homes from driveways or other neighbors do not exist in the Bighorn neighborhood. The neighborhood was designed as a package, not as one-off residences so existing green space was meant as permanent buffers. None of the plans I saw showed the relationship of Bighorn Building B to Bighorn Terrace. It is critical to view these properties together as that is how they were originally designed. Because these properties where built before the regulations, they need to be examined beyond just the litmus test of do they fit within the current guidelines. The current proposal has a parking space/driveway within 10 feet (approx.) of a year around residence. The design of the driveway also means that headlights will shine into many of the Bighorn Building B units' bedrooms which are all situated along the back wall closest to the proposed driveway. Seven of these eight units are occupied year around. I believe you have a site visit scheduled before your meeting. Please pay particular attention to the layout of the driveway/surface parking which is the of building a garage entirely within the setback. If you have questions please call me at 970.390.7113 anytime. Respectfully, Kerry Donovan Owner/Dweller Bighorn Unit 5 Part Owner Unit 6 August 9, 2012 RE: 4192 E Columbine Way..garage variance Vail Planning and Environmental Commission As the owner of units 4, 6 and 8 (4 and 6 in partnership with my children) I strongly oppose this proposal for the following reasons amongst others. 1. It is a negative impact on our units which are occupied fulltime thus acting as employee housing. 2. There are other locations for the garage that are less of a negative impact and more conforming to town regulations. 3. This Bighorn complex was designed with the unbuilt areas to serve as buffers between Bighorn Terrace and Buildings A & B. The standard setbacks do not exist within this group of complexes including our Building B. The garage wall will be in the "face" of 4 of the units in the 8 unit building. The headlights from the unnecessary turn around area, which will also serve as a parking area, will shine directly into bedroom and bathroom windows. 4. The loss of major, mature vegetation. 5. The proposal for a new building for a garage and a turn around area is certainly non conforming for this compact development built in the 60's. 6. Drainage onto our property appears to be a valid concern. 7. Putting a structure that close to our building would seem to be a fire hazard and would preclude ever burying the overhead utility lines between our complexes. 8. Buildings A and B should be shown on the maps as this Water and Sanitation District was planned to work as one complex. In fact, we all share ownership of the pond open space and the rental unit on the pond. We have had a unit in Building B since the late 1960's and have always used our units as very affordable employee housing. I also serve as manager for Building B. I am very familiar with the larger complex and see this garage building not as an improvement for the complex but as an intrusion into a site that is already overbuilt and with too much pavement. The proposal is not only nonconforming according to town regulations but is also nonconforming to the specific neighborhood it is in. Please deny the requested variance. Thank you for your consideration of our concerns. John & Diana Donovan 1014 Homestake Circle Vail, Colorado 81657 dianamdonovan@msn.com TOWN OF VAIL 't Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 13, 2012 SUBJECT: A request for the review of a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto. (PEC120027) Applicant: Anne Upton, represented by Pierce Architects Planner: Bill Gibson I. SUMMARY The applicant, Anne Upton, represented by Pierce Architects, is requesting a variance from the setback standards of the Medium Density Multiple -Family District to allow for the construction of a new garage within the required setback areas. The driveway associated with the proposed garage accesses the subject property from Columbine Drive on the north side of the existing house. The north side of the subject property is therefore defined as the front setback pursuant to Section 12-2-2, Definitions, Vail Town Code, regardless of the orientation of the existing house. The applicant is requesting a setback variance for the proposed garage of 14.5 feet in the 20 foot rear (south) setback area and 2 feet in the 20 foot side (west) setback area. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this application subject to the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A), the applicant's request (Attachment B), proposed plans (Attachment C) and a existing parking areas exhibit from the Town's archives (Attachment D), public comment (Attachment E) have been attached for review. II. DESCRIPTION OF REQUEST The Bighorn Terrace neighborhood was constructed in the late 1960s under Eagle County jurisdiction prior to being annexed into the Town of Vail in 1974. This neighborhood consists of several duplex style structures with each one-half subdivided as a separate lot. Historically each lot (i.e. one-half of one duplex structure) in Bighorn Terrace has been treated as an individual development site and is subject to the development standards prescribed by the Medium Density Multiple -Family District. Many structures were built close to, at, and in some cases over the platted lot lines. The various lots and structures at Bighorn Terrace are legally non -conforming in regard to the current zoning standards (lot size, parking, setbacks, landscaping area, etc.). Some structures at Bighorn Terrace can be directly accessed from Columbine Drive; however, many structures can only be accessed from a shared private road, Columbine Way, which is constructed across multiple privately owned lots through an access and utility easement. The Bighorn Terrace neighborhood was originally designed with shared parking generally located within designated parking easements instead of with private garages or private parking spaces. Today vehicles are also commonly parking along Columbine Way. The density of the neighborhood, the limited number of existing parking spaces, and the close proximity of the homes to the property boundaries and adjacent structures creates parking challenges for the residents of this neighborhood. The subject Lots 25 and 26 were consolidated into one combined development site in 1983. Today the existing structure is a single-family residence. The existing house is legally non -conforming in regard to setbacks. At its most restrictive point, the north side of the subject house is located 1 foot from the property boundary. The subject property has no exclusive parking and today the owners utilize the unassigned, common parking spaces. Columbine Way and its associated easement cross the northern portion of the subject property. A parking easement and portions of an existing common parking lot are located on the northeast corner the subject property. The applicant is requesting a setback variance to allow for the construction of a new single car garage attached to the south side of the existing house. The applicant is requesting a setback variance of 14.5 feet in the 20 foot rear (south) setback area and 2 feet in the 20 foot side (west) setback area. The proposed garage is 15 ft. x 25 ft. (375 sq. ft.) in size. Approximately 356 sq. ft. of the proposed garage is located within the rear (south) setback area and approximately 18 sq. ft. of the proposed garage is located within the west side setback area. The applicant is proposing to construct the new garage along the southern edge of the existing house in response to both physical site constraints and input from the neighbors in Bighorn Terrace. The proximity of the existing structure to the north and west property boundaries precludes the construction of a garage in those portions of the subject property. The north and east portions of the subject property are also constrained by an access and utility easement, Columbine Way, a parking easement, and portions of an existing common parking lot. Neighboring property owners have expressed concerns to the applicant about any proposal that would result in a reduction of the existing shared parking spaces. The applicant considered a new garage addition attached to the southeast corner of the existing residence in the approximate location of an existing shed. However, a driveway Town of Vail Page 2 could not be constructed to this garage from Columbine Way without disturbing the existing shared parking lot. The applicant is instead proposing the new garage attached to the south side of the existing residence. The associated driveway is proposed to be located between the existing house and the existing parking lot in an area currently occupied by landscape planters. The Planning and Environmental Commission has received correspondence from property owners of the adjacent Bighorn Condominiums in opposition to this setback variance request and the associated garage addition (Attachment E). III. BACKGROUND The subject residence at Bighorn Terrace were originally constructed under Eagle County jurisdiction in 1967 and later annexed into the Town of Vail in 1974. The existing lot and structure are both legally non -conforming in regard to numerous provisions of the Town's zoning regulations. The Planning and Environmental Commission has historically held that construction of a structure prior to annexation or the adoption of the current zoning regulations may be a basis for granting a variance from the Town's current zoning regulations. On August 16, 1983 the Town of Vail Planning and Environmental Commission approved a minor subdivision application to vacate the property line between Lots 25 & 26. These two former lots were combined into a single development site. Numerous setback variances have been granted to units within the Bighorn Terrace neighborhood and are further described below: Date Lot/Applicant Variance Type Variance Amount 1977 #7 - Benysh GRFA 130 square feet Setback 8 feet 1978 Tract A - Rowe GRFA Setback 1978 #23 -Alder GRFA Setback 1978 #20D - Turnbull Setback 1980 #13 - Curfman GRFA 1982 #9 - Odum GRFA Setback 1982 #9 - Odum Setback 1983 #11 - Houston GRFA Setback 1985 #17 - Sherr GRFA Setbacks (3) 1985 #20D1 -Nicholson GRFA 473 square feet 7.5 feet 66 square feet 8 feet 7 feet 177 square feet 122 square feet 18 feet 18 feet 80 square feet 16 feet 50 square feet 13, 11, 3 feet 395 square feet Staff Recommendation PEC Action Approval Approval Denial Denial Denial Denial Approval Denial Denial Approval Approval Denial Denial Denial Approval Denial Approved Approved Approved Approved Approved Approved Approved Approved Tabled Tabled Approved Approved Approved Approved Approved Denied Town of Vail Page 3 *garage addition involving a conversion the first story IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: Zoning Regulations (Title 12) Chapter 12-1: TITLE, PURPOSE, AND APPLICABILITY (in part) Section 12-1-2: Purpose A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. Town of Vail Page 4 Setback third floor directly above Approval Approved 1990 #7 - Benysh Setbacks (2) 13 & 15 feet Denial Approved 1990 #20 - Nillson Setbacks (2) 11 & 15 feet Denial Approved 1994 #22 - Waters Setbacks 13.25, 13.25, 12 Approval Approved 1998 #5 - Skolasinski Setbacks 2.5, 15.5, 19.5 Approval Approved Landscaping 1% Approval Approved *2004 #8 - Benysh Setback 8 feet Approval Approved 2005 #19 - Petros Setbacks 7 feet Approval Approved 2005 #20 - Fowler Setbacks 7 feet Approval Approved 2008 #17 Sherr Setbacks 8 feet Approval Approved 2009 #10 Post Setbacks 19 feet Approval Approved *garage addition involving a conversion the first story IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: Zoning Regulations (Title 12) Chapter 12-1: TITLE, PURPOSE, AND APPLICABILITY (in part) Section 12-1-2: Purpose A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. Town of Vail Page 4 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. ARTICLE 12-6G: MEDIUM DENSITY RESIDENTIAL DISTRICT (in part) 12-6G-1 Purpose.- The urpose:The medium density multiple -family district is intended to provide sites for multiple - family dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The medium density multiple -family district is intended to ensure adequate light, air, open space, and other amenities commensurate with multiple -family occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, and where permitted, are intended to blend harmoniously with the residential character of the zone district. 12-6G-5: Lot Area and Site Dimensions.- The imensions:The minimum lot or site area shall be ten thousand (10, 000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each side within its boundaries. 12-6G-6: Setbacks.- In etbacks:In the MDMF district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). 12-6G-11: Parking.- Town arking:Town of Vail Page 5 Off street parking shall be provided in accordance with Chapter 10 of this title. At least one-half (1/2) of the required parking shall be located within the main building or buildings and hidden from public view or shall be completely hidden from public view from adjoining properties within a landscaped berm. No parking or loading area shall be located in any required front setback area. Chapter 12-17: VARIANCES (in part) 12-17-1: Purpose: Reasons for Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity, or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. 12-17-6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Town of Vail Page 6 3. That the variance is warranted for one or more of the following reasons.- a. easons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. Vail Land Use Plan CHAPTER II — LAND USE PLAN GOALS / POLICIES (in part) The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth/ Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3. The quality of development should be maintained and upgraded whenever possible. 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. CHAPTER VI — PROPOSED LAND USE (in part) MDR Medium Density Residential.- The esidential:The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional / public uses such as parks and open space, churches and fire stations. Town of Vail Page 7 V. SITE ANALYSIS Address: 4192 Columbine Way Legal Description: Lots 25 & 26 Bighorn Terrace Lot Area: 7,100 sq. ft. (0.163 acres) Zoning: Medium Density Multiple Family District Land Use Designation: Medium Density Residential Geological Hazards: None Development Standard Allowed/Required Existing Proposed Lot Area (sq.ft. min) 10,000 7,100 no change Setbacks (ft. min): Front (North) 20 1 no change Side (East) 20 33.5 no change (garage 37.5) Side (West) 20 15 no change (garage 18) Rear (South) 20 20 5.5 Dwelling Units (max) 2 1 no change GRFA (sq.ft. max): 3,976 2,138 2,213 Site Coverage (sq.ft. max): 3,145(45%) 1,864(26%) 2,213(31%) Landscape Area (sq.ft. min): 2,130(30%) 3,409(48%) 3,758(53%) Parking (min. spaces): 3 0* 3 (1 enclosed) *Today the applicant utilizes the Bighorn Terrace shared parking areas. VI. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Residential Medium Density Multiple -Family District South: Residential Medium Density Multiple -Family District East: Residential Medium Density Multiple -Family District West: Open Space Agriculture and Open Space District VII. REVIEW CRITERIA The review criteria for a request of this nature are established by Chapter 12-17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Town of Vail Page 8 As described elsewhere in this memorandum, the Bighorn Terrace neighborhood was originally designed with shared parking generally located within designated parking easements instead of with private garages or private parking spaces. Today vehicles are also commonly parking along Columbine Way. The density of the neighborhood, the limited number of existing parking spaces, and the close proximity of the homes to the property boundaries and adjacent structures creates parking challenges for the residents of this neighborhood. Staff believes the construction of additional parking at Bighorn Terrace, whether private or shared, will have a positive impact on the neighborhood. The applicant is proposing to construct the new garage along the southern edge of the existing house in response to both physical site constraints and input from her neighbors. The proximity of the existing structure to the north and west property boundaries precludes the construction of a garage in those portions of the subject property. The north and east portions of the subject property are also constrained by an access and utility easement, Columbine Way, a parking easement, and portions of an existing common parking lot. Neighboring property owners have expressed concerns to the applicant about any proposal that would result in a reduction of the existing shared parking spaces. The applicant considered a new garage addition attached to the southeast corner of the existing residence in the approximate location of an existing shed. However, a driveway could not be constructed to this garage from Columbine Way without disturbing the existing shared parking lot. The applicant is instead proposing the new garage attached to the south side of the existing residence. The associated driveway is proposed to be located between the existing house and the existing parking lot in an area currently occupied by landscape planters. The proposed garage addition will however have some negative impacts to the surrounding uses and structures in comparison to existing conditions. The proposed garage and driveway will result in the removal of several existing mature trees and will reduce opportunities for landscape screening of the existing house from adjacent residences. The proposed driveway configuration may impact areas currently used as snow storage from the shared road and parking areas. Property owners from the adjacent Bighorn Condominiums, located directly south of the proposed garage, have express concerns about the close proximity of the proposed driveway to the property boundary and headlight glare into the upper windows of their building from vehicles utilizing the new driveway. 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 sites in the vicinity or to attain the objectives of this title without a grant of special privilege. This proposed setback variance is associated with a garage addition to an existing residence originally constructed in 1967. Both the existing lot and the existing Town of Vail Page 9 residence are legally non -conforming in regard to several the provisions of the Town's zoning regulations. The Planning and Environmental Commission has historically held that construction of a structure prior to annexation or the adoption of the current zoning regulations may be a basis for granting a variance from the Town's current zoning regulations. The Town of Vail also has a long-standing policy of promoting the construction of enclosed, off-street parking on private property. The Planning and Environmental Commission has approved numerous variances from setbacks, site coverage, and other similar development standards to facilitate the construction of garages town -wide. The Planning and Environmental Commission has approved a setback variance at Bighorn Terraces for another garage addition. The two halves of the original duplex structure on Lots 7 and 8, Bighorn Terrace were purchased by a single owner and converted into a single-family residence. In 2004, the Planning and Environmental Commission approved a setback variance at Lot 8 (the eastern one-half of the combined structure) to facilitate the construction of a garage addition. Unlike the subject request, that garage addition was accomplished by converting a portion of the existing first story to a garage use. To Staff's knowledge, this is the only garage existing at Bighorn Terrace today. As further identified in the Section III, Background, of this memorandum, no less than 18 setback variances have been approved by the Planning and Environmental Commission for additions to numerous properties in Bighorn Terrace since 1977. Therefore, Staff does not view the approval of this setback variance request as a grant of special privilege. However, should the Planning and Environmental Commission choose to approve this variance request; Staff recommends the Commission impose a condition of approval that the applicant reduces the size of the proposed garage addition from 375 sq. ft. to a maximum of 300 sq. ft. The Planning and Environmental Commission has historically granted variances for single -car garages of up to 300 sq. ft. in size and two -car garages of up to 600 sq. ft. in size because these sizes have been considered the minimum "degree of relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege." The 300 sq. ft. size is based upon the garage deductions granted by the Vail Town Code from the gross residential floor area (GRFA) calculations. The current regulations grant deductions from the GRFA calculations for garage floor area of up to 300 sq. ft. per parking space. 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. As previously noted, the density of the Bighorn Terrace neighborhood, the limited number of existing parking spaces, and the close proximity of the homes to the property Town of Vail Page 10 boundaries and adjacent structures creates parking challenges for the residents of this neighborhood. Staff believes the construction of additional parking, either private or common, at Bighorn Terrace will have positive impacts to traffic, parking and public safety which outweigh the potential negative impacts to light, air, and distribution of populations. Staff does not believe the requested setback variance will have a significant impact on public facilities and utilities in comparison to existing conditions. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. The Planning and Environmental Commission has received correspondence from property owners of the adjacent Bighorn Condominiums in opposition to this setback variance request and the associated garage addition (Attachment E). VIII. RECOMMENDATION The Community Development Department recommends approval, with conditions, of this request for a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto. Staff's recommendation is based upon the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this request, the Community Development Department recommends the Commission imposes the following conditions: "1. Prior to application for design review approval or building permits, the applicant shall reduce the size of the new garage addition to 300 sq. ft. or less in floor area. 2. Approval of this variance is contingent upon the applicant obtaining Town of Vail approval of an associated design review application." Town of Vail Page 11 Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section Vll of the Staff memorandums to the Planning and Environmental Commission dated August 13, 2012, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Medium Density Multiple -Family District. 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons.- a. easons: 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 Title 12, Zoning Regulations, Vail Town Code. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that does not apply generally to other properties in the Medium Density Multiple -Family District. 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 Medium Density Multiple -Family District." IX. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Proposed Plans D. Archived Parking Area Exhibit E. Public Comment Town of Vail Page 12 K) TOWN OF VAIL t Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 13, 2012 SUBJECT: A request for the review of a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto. (PEC120027) Applicant: Anne Upton, represented by Pierce Architects Planner: Bill Gibson I. SUMMARY The applicant, Anne Upton, represented by Pierce Architects, is requesting a variance from the setback standards of the Medium Density Multiple -Family District to allow for the construction of a new garage within the required setback areas. The driveway associated with the proposed garage accesses the subject property from Columbine Drive on the north side of the existing house. The north side of the subject property is therefore defined as the front setback pursuant to Section 12-2-2, Definitions, Vail Town Code, regardless of the orientation of the existing house. The applicant is requesting a setback variance for the proposed garage of 14.5 feet in the 20 foot rear (south) setback area and 2 feet in the 20 foot side (west) setback area. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this application subject to the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A), the applicant's request (Attachment B), proposed plans (Attachment C) and a existing parking areas exhibit from the Town's archives (Attachment D), public comment (Attachment E) have been attached for review. II. DESCRIPTION OF REQUEST The Bighorn Terrace neighborhood was constructed in the late 1960s under Eagle County jurisdiction prior to being annexed into the Town of Vail in 1974. This neighborhood consists of several duplex style structures with each one-half subdivided as a separate lot. Historically each lot (i.e. one-half of one duplex structure) in Bighorn Terrace has been treated as an individual development site and is subject to the development standards prescribed by the Medium Density Multiple -Family District. Many structures were built close to, at, and in some cases over the platted lot lines. The various lots and structures at Bighorn Terrace are legally non -conforming in regard to the current zoning standards (lot size, parking, setbacks, landscaping area, etc.). Some structures at Bighorn Terrace can be directly accessed from Columbine Drive; however, many structures can only be accessed from a shared private road, Columbine Way, which is constructed across multiple privately owned lots through an access and utility easement. The Bighorn Terrace neighborhood was originally designed with shared parking generally located within designated parking easements instead of with private garages or private parking spaces. Today vehicles are also commonly parking along Columbine Way. The density of the neighborhood, the limited number of existing parking spaces, and the close proximity of the homes to the property boundaries and adjacent structures creates parking challenges for the residents of this neighborhood. The subject Lots 25 and 26 were consolidated into one combined development site in 1983. Today the existing structure is a single-family residence. The existing house is legally non -conforming in regard to setbacks. At its most restrictive point, the north side of the subject house is located 1 foot from the property boundary. The subject property has no exclusive parking and today the owners utilize the unassigned, common parking spaces. Columbine Way and its associated easement cross the northern portion of the subject property. A parking easement and portions of an existing common parking lot are located on the northeast corner the subject property. The applicant is requesting a setback variance to allow for the construction of a new single car garage attached to the south side of the existing house. The applicant is requesting a setback variance of 14.5 feet in the 20 foot rear (south) setback area and 2 feet in the 20 foot side (west) setback area. The proposed garage is 15 ft. x 25 ft. (375 sq. ft.) in size. Approximately 356 sq. ft. of the proposed garage is located within the rear (south) setback area and approximately 18 sq. ft. of the proposed garage is located within the west side setback area. The applicant is proposing to construct the new garage along the southern edge of the existing house in response to both physical site constraints and input from the neighbors in Bighorn Terrace. The proximity of the existing structure to the north and west property boundaries precludes the construction of a garage in those portions of the subject property. The north and east portions of the subject property are also constrained by an access and utility easement, Columbine Way, a parking easement, and portions of an existing common parking lot. Neighboring property owners have expressed concerns to the applicant about any proposal that would result in a reduction of the existing shared parking spaces. The applicant considered a new garage addition attached to the southeast corner of the existing residence in the approximate location of an existing shed. However, a driveway Town of Vail Page 2 could not be constructed to this garage from Columbine Way without disturbing the existing shared parking lot. The applicant is instead proposing the new garage attached to the south side of the existing residence. The associated driveway is proposed to be located between the existing house and the existing parking lot in an area currently occupied by landscape planters. The Planning and Environmental Commission has received correspondence from property owners of the adjacent Bighorn Condominiums in opposition to this setback variance request and the associated garage addition (Attachment E). III. BACKGROUND The subject residence at Bighorn Terrace were originally constructed under Eagle County jurisdiction in 1967 and later annexed into the Town of Vail in 1974. The existing lot and structure are both legally non -conforming in regard to numerous provisions of the Town's zoning regulations. The Planning and Environmental Commission has historically held that construction of a structure prior to annexation or the adoption of the current zoning regulations may be a basis for granting a variance from the Town's current zoning regulations. On August 16, 1983 the Town of Vail Planning and Environmental Commission approved a minor subdivision application to vacate the property line between Lots 25 & 26. These two former lots were combined into a single development site. Numerous setback variances have been granted to units within the Bighorn Terrace neighborhood and are further described below: Date Lot/Applicant Variance Type Variance Amount Approval 1977 #7 - Benysh GRFA 130 square feet Approved Denial Setback 8 feet 1978 Tract A - Rowe GRFA 473 square feet Approved Denial Setback 7.5 feet 1978 #23 - Alder GRFA 66 square feet Approved Denial Setback 8 feet 1978 #20D - Turnbull Setback 7 feet 1980 #13 - Curfman GRFA 177 square feet 1982 #9 - Odum GRFA 122 square feet Setback 18 feet 1982 #9 - Odum Setback 18 feet 1983 #11 -Houston GRFA 80 square feet Setback 16 feet 1985 #17 - Sherr GRFA 50 square feet Setbacks (3) 13, 11, 3 feet 1985 #20D1 -Nicholson GRFA 395 square feet Staff Recommendation PEC Action Approval Approved Approval Approved Denial Approved Denial Approved Denial Approved Denial Approved Approval Approved Denial Approved Denial Tabled Approval Tabled Approval Approved Denial Approved Denial Approved Denial Approved Approval Approved Denial Denied Town of Vail Page 3 third floor directly above Approval Approved Setback 1990 #7 - Benysh Setbacks (2) 1990 #20 - Nillson Setbacks (2) 1994 #22 - Waters Setbacks 1998 #5 - Skolasinski Setbacks Approved 7 feet Approval Landscaping *2004 #8 - Benysh Setback 2005 #19 - Petros Setbacks 2005 #20 - Fowler Setbacks 2008 #17 Sherr Setbacks 2009 #10 Post Setbacks third floor directly above Approval Approved 13 & 15 feet Denial Approved 11 & 15 feet Denial Approved 13.25, 13.25, 12 Approval Approved 2.5, 15.5, 19.5 Approval Approved 1 % Approval Approved 8 feet Approval Approved 7 feet Approval Approved 7 feet Approval Approved 8 feet Approval Approved 19 feet Approval Approved *garage addition involving a conversion the first story IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: Zoning Regulations (Title 12) Chapter 12-1: TITLE, PURPOSE, AND APPLICABILITY (in part) Section 12-1-2: Purpose A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. Town of Vail Page 4 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. ARTICLE 12-6G: MEDIUM DENSITY RESIDENTIAL DISTRICT (in part) 12-6G-1 Purpose.- The urpose:The medium density multiple -family district is intended to provide sites for multiple - family dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The medium density multiple -family district is intended to ensure adequate light, air, open space, and other amenities commensurate with multiple -family occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, and where permitted, are intended to blend harmoniously with the residential character of the zone district. 12-6G-5: Lot Area and Site Dimensions.- The imensions:The minimum lot or site area shall be ten thousand (10, 000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each side within its boundaries. 12-6G-6: Setbacks.- In etbacks: In the MDMF district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). 12-6G-11: Parking.- Town arking:Town of Vail Page 5 Off street parking shall be provided in accordance with Chapter 10 of this title. At least one-half (1/2) of the required parking shall be located within the main building or buildings and hidden from public view or shall be completely hidden from public view from adjoining properties within a landscaped berm. No parking or loading area shall be located in any required front setback area. Chapter 12-17: VARIANCES (in part) 12-17-1: Purpose: Reasons for Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity, or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. 12-17-6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Town of Vail Page 6 3. That the variance is warranted for one or more of the following reasons.- a. easons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. Vail Land Use Plan CHAPTER II — LAND USE PLAN GOALS / POLICIES (in part) The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth/ Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3. The quality of development should be maintained and upgraded whenever possible. 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. CHAPTER VI — PROPOSED LAND USE (in part) MDR Medium Density Residential.- The esidential:The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional / public uses such as parks and open space, churches and fire stations. Town of Vail Page 7 V. SITE ANALYSIS VI. Address: Legal Description: Lot Area: Zoning: Land Use Designation Geological Hazards: Development Standard Lot Area (sq.ft. min) Setbacks (ft. min): Front (North) Side (East) Side (West) Rear (South) Dwelling Units (max) GRFA (sq.ft. max): 4192 Columbine Way Lots 25 & 26 Bighorn Terrace 7,100 sq. ft. (0.163 acres) Medium Density Multiple Family District Medium Density Residential None Allowed/Required Existing Proposed 10,000 7,100 no change 20 1 no change 20 33.5 no change (garage 37.5) 20 15 no change (garage 18) 20 20 5.5 2 1 no change 3,976 2,138 2,213 Site Coverage (sq.ft. max): 3,145(45%) 1,864 (26%) 2,213 (31%) Landscape Area (sq.ft. min): 2,130(30%) 3,409 (48%) 3,758 (53%) Parking (min. spaces): 3 0* *Today the applicant utilizes the Bighorn Terrace shared parking areas. SURROUNDING LAND USES AND ZONING VII. REVIEW CRITERIA 3 (1 enclosed) Zoning Medium Density Multiple -Family District Medium Density Multiple -Family District Medium Density Multiple -Family District Agriculture and Open Space District The review criteria for a request of this nature are established by Chapter 12-17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Town of Vail Page 8 Land Use North: Residential South: Residential East: Residential West: Open Space VII. REVIEW CRITERIA 3 (1 enclosed) Zoning Medium Density Multiple -Family District Medium Density Multiple -Family District Medium Density Multiple -Family District Agriculture and Open Space District The review criteria for a request of this nature are established by Chapter 12-17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Town of Vail Page 8 As described elsewhere in this memorandum, the Bighorn Terrace neighborhood was originally designed with shared parking generally located within designated parking easements instead of with private garages or private parking spaces. Today vehicles are also commonly parking along Columbine Way. The density of the neighborhood, the limited number of existing parking spaces, and the close proximity of the homes to the property boundaries and adjacent structures creates parking challenges for the residents of this neighborhood. Staff believes the construction of additional parking at Bighorn Terrace, whether private or shared, will have a positive impact on the neighborhood. The applicant is proposing to construct the new garage along the southern edge of the existing house in response to both physical site constraints and input from her neighbors. The proximity of the existing structure to the north and west property boundaries precludes the construction of a garage in those portions of the subject property. The north and east portions of the subject property are also constrained by an access and utility easement, Columbine Way, a parking easement, and portions of an existing common parking lot. Neighboring property owners have expressed concerns to the applicant about any proposal that would result in a reduction of the existing shared parking spaces. The applicant considered a new garage addition attached to the southeast corner of the existing residence in the approximate location of an existing shed. However, a driveway could not be constructed to this garage from Columbine Way without disturbing the existing shared parking lot. The applicant is instead proposing the new garage attached to the south side of the existing residence. The associated driveway is proposed to be located between the existing house and the existing parking lot in an area currently occupied by landscape planters. The proposed garage addition will however have some negative impacts to the surrounding uses and structures in comparison to existing conditions. The proposed garage and driveway will result in the removal of several existing mature trees and will reduce opportunities for landscape screening of the existing house from adjacent residences. The proposed driveway configuration may impact areas currently used as snow storage from the shared road and parking areas. Property owners from the adjacent Bighorn Condominiums, located directly south of the proposed garage, have express concerns about the close proximity of the proposed driveway to the property boundary and headlight glare into the upper windows of their building from vehicles utilizing the new driveway. 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 sites in the vicinity or to attain the objectives of this title without a grant of special privilege. This proposed setback variance is associated with a garage addition to an existing residence originally constructed in 1967. Both the existing lot and the existing Town of Vail Page 9 residence are legally non -conforming in regard to several the provisions of the Town's zoning regulations. The Planning and Environmental Commission has historically held that construction of a structure prior to annexation or the adoption of the current zoning regulations may be a basis for granting a variance from the Town's current zoning regulations. The Town of Vail also has a long-standing policy of promoting the construction of enclosed, off-street parking on private property. The Planning and Environmental Commission has approved numerous variances from setbacks, site coverage, and other similar development standards to facilitate the construction of garages town -wide. The Planning and Environmental Commission has approved a setback variance at Bighorn Terraces for another garage addition. The two halves of the original duplex structure on Lots 7 and 8, Bighorn Terrace were purchased by a single owner and converted into a single-family residence. In 2004, the Planning and Environmental Commission approved a setback variance at Lot 8 (the eastern one-half of the combined structure) to facilitate the construction of a garage addition. Unlike the subject request, that garage addition was accomplished by converting a portion of the existing first story to a garage use. To Staff's knowledge, this is the only garage existing at Bighorn Terrace today. As further identified in the Section III, Background, of this memorandum, no less than 18 setback variances have been approved by the Planning and Environmental Commission for additions to numerous properties in Bighorn Terrace since 1977. Therefore, Staff does not view the approval of this setback variance request as a grant of special privilege. However, should the Planning and Environmental Commission choose to approve this variance request; Staff recommends the Commission impose a condition of approval that the applicant reduces the size of the proposed garage addition from 375 sq. ft. to a maximum of 300 sq. ft. The Planning and Environmental Commission has historically granted variances for single -car garages of up to 300 sq. ft. in size and two -car garages of up to 600 sq. ft. in size because these sizes have been considered the minimum "degree of relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege." The 300 sq. ft. size is based upon the garage deductions granted by the Vail Town Code from the gross residential floor area (GRFA) calculations. The current regulations grant deductions from the GRFA calculations for garage floor area of up to 300 sq. ft. per parking space. 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. As previously noted, the density of the Bighorn Terrace neighborhood, the limited number of existing parking spaces, and the close proximity of the homes to the property Town of Vail Page 10 boundaries and adjacent structures creates parking challenges for the residents of this neighborhood. Staff believes the construction of additional parking, either private or common, at Bighorn Terrace will have positive impacts to traffic, parking and public safety which outweigh the potential negative impacts to light, air, and distribution of populations. Staff does not believe the requested setback variance will have a significant impact on public facilities and utilities in comparison to existing conditions. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. The Planning and Environmental Commission has received correspondence from property owners of the adjacent Bighorn Condominiums in opposition to this setback variance request and the associated garage addition (Attachment E). VIII. RECOMMENDATION The Community Development Department recommends approval, with conditions, of this request for a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto. Staff's recommendation is based upon the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this request, the Community Development Department recommends the Commission imposes the following conditions: "I. Prior to application for design review approval or building permits, the applicant shall reduce the size of the new garage addition to 300 sq. ft. or less in floor area. 2. Approval of this variance is contingent upon the applicant obtaining Town of Vail approval of an associated design review application." Town of Vail Page 11 Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section Vll of the Staff memorandums to the Planning and Environmental Commission dated August 13, 2012, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Medium Density Multiple -Family District. 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons.- a. easons: 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 Title 12, Zoning Regulations, Vail Town Code. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that does not apply generally to other properties in the Medium Density Multiple -Family District. 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 Medium Density Multiple -Family District." IX. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Proposed Plans D. Archived Parking Area Exhibit E. Public Comment Town of Vail Page 12 0 rowN OF vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 13, 2012 SUBJECT: A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Chapter 12-22, View Corridors, Vail Town Code, to allow for the maintenance of adopted view corridors impacted by vegetation, and setting forth details in regard thereto. (PEC120029) Applicant: Town of Vail Planner: Warren Campbell I. SUMMARY The applicant, the Town of Vail, is requesting a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for amendments to Chapter 12-22, View Corridors, and Section 14-10-3C, Site Planning, Vail Town Code to allow for the maintenance of adopted view corridors impacted by vegetation. Staff initiated this application at the direction of the Vail Town Council as a result of an identified need to address the impacts of maturing landscaping upon designated view corridors. As a result, Staff is proposing amendments to the existing view corridor regulations that allow for design review of proposals to alter the vegetation impacting adopted view corridors. Based on the criteria and findings in Section V of this memorandum, and the testimony presented at the public hearing, Staff recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for this application. II. DESCRIPTION OF THE REQUEST Currently within the Town of Vail there are nine (9) adopted view corridors. These view corridors were established to protect, perpetuate, and preserve views from pedestrian public ways determined to be important to the aesthetic and economic vitality of the town. There is no view corridor with a view point origination located upon private property. Many of the adopted view corridors cross over private property and impact the development permitted upon those properties. Chapter 12-22, View Corridors, Vail Town Code, is proposed to be amended in part as follows (text to be deleted is in stFikethFe nh, text that is to be added is bold, and sections of text that are not amended have been omitted): Initial Recommendation to PEC: 12-22-3: LANDSCAPING: The alteration, removal, and replacement of landscaping may be necessary to maintain the original purposes of the preserved views established in this Chapter. Revised Recommendation to PEC: 12-22-3: VEGETATION; MAINTENANCE: The maintenance of vegetation through limbing and pruning may be necessary for preservation of the view corridors set forth in this Chapter. The removal of vegetation shall only be permitted when said vegetation is found to be detrimental to the view corridor purposes set forth in this Chapter, as determined by the Design Review Board. Mitigation of vegetation removal may be required to preserve and enhance the landscape character of the area. 12-22-6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS: (in part) No part of a structure shall be permitted to encroach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with this section. An application for approval to encroach into an existing view corridor may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, or by application of any resident or property owner in the town, or by the administrator or his/her designee. C. Criteria For Encroachment: No encroachment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the following criteria.- Town riteria: Town of Vail Page 2 1. That the literal enforcement of this chapter sec-tiep 1:2-:2:2- Gf this nhptor would preclude a reasonable development of a proposed structure on the applicant's land. 2. That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter. 3. That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. 4. That the development proposed by the applicant complies with applicable elements of the Vail land use plan, town policies, urban design guide plans, and other adapted master plans. 5. That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view. In addition to the amendments detailed above, Staff recommends that Section 14-10-3C, Site Planning, Vail Town Code, be amended as follows in order to clarify the unique nature of designated view corridors with regard to vegetation. Section 14-10-3C, Site Planning, Vail Town Code, is proposed to be amended in part as follows (text to be deleted is in strikethre nh, text that is to be added is bold, and sections of text that are not amended have been omitted): Initial Recommendation to PEC: C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased, er those essential for creating defensible space, and those detrimental to the original purpose of the adopted view corridors identified in Chapter 12-22, View Corridors, Vail Town Code. Mitigation may be required for tree removal. Revised recommendation to PEC: C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased, er those essential for creating defensible space, and those found to impact view corridors as further regulated by Chapter 12-22, View Corridors, Vail Town Code. Mitigation may be required for tree removal. III. BACKGROUND A review of historical documents found a discussion on the impacts of vegetation upon adopted view corridors. The discussion occurred during the Planning and Environmental Commission's review of Ordinance No. 13, Series of 1991. The purpose of the ordinance was to incorporate adopted view corridors from the Vail Town of Vail Page 3 Village Urban Design Considerations into the Vail Town Code. The following is an except of the public hearing minutes from April 22, 1991: "Chuck Crist [Commissioner] asked if a "structure"; as indicated in Paragraph 3, would include street lights or trees. Kristan [Pritz, Director of Community Development] answered that street lights and public utilities would not be included in the definition. Chuck responded that, eventually, trees could block the intended view. Shelley [Mello, Planner] related that other communities around the nation had tried to deal with this issue, and it was common question. Chuck clarified he was more concerned with artificial structures, such as street lights, but not vegetation. The suggestion made by Diana [Donovan, Commissioner] was to add language to this paragraph which would indicate man-made objects, such as street lights, top lights, and utility poles, would not be allowed." On August 3, 2011 the Design Review Board unanimously denied an application to remove existing trees along the north bank of Gore Creek west of the Covered Bridge. These proposed landscaping changes were intended to clear the view of the Gorsuch clock tower from the Vail Transportation Center stairs as established in view corridor 1. The minutes of the hearing are reflected as follows: "The Design Review Board (DRB) cited Chapter 12-22, View Corridors, Vail Town Code which contained no provisions for the "maintenance" of view corridors with regard to vegetation. Furthermore, Section 14-10-3C, Site Planning, Vail Town Code, states the following-- 'C. ollowing: `C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased or those essential for creating defensible space. Mitigation may be required for tree removal.' The DRB has consistently used this regulation to prevent the removal of vegetation for the sole purpose of obtaining a view to a landmark (commonly the Gore Range or the ski mountain). The DRB was concerned about allowing the Town to perform an action which is consistently denied for private property owners as this request occurs frequently. The DRB understood the concern of the encroachment of the vegetation on the view corridor and had several suggestions and concerns. There was a concern that the removal of the trees would expose a roof material and a building which might have a negative effect if it became completely exposed. The Board highlighted that the original design intent of Eldon Beck was to limit the view to short distances into the Village and create an element of surprise. It was stated that the trees framed the Town of Vail Page 4 Covered Bridge and are solely a summer problem, and does this warrant removal. The DRB suggested that the Town Council direct staff to prepare amendments to Chapter 12-22, View Corridors, Vail Town Code, to include provisions for "maintenance" of a view corridor with regard to vegetation. It was further suggested that Section 14-10-3C, Site Planning, Vail Town Code, would be improved with the addition of provisions and criteria for the evaluation of the removal of vegetation that may have been improperly cited during original installation and after a number of years has impacted important views. A requirement for replacement should accompany any provision allowing for this to occur." On September 6, 2011, the Vail Town Council unanimously upheld the call-up of the Design Review Board's denial of the application for landscaping changes on the northwest side of the Covered Bridge. The Vail Town Council directed Staff to prepare amendments to the Chapter 12-22, View Corridors, Vail Town Code, to allow for the removal of landscaping encroaching into the adopted view corridors. On February 13, 2012, the Planning and Environmental Commission, did not forward a recommendation of approval on proposed amendments to Chapter 12- 22, View Corridors, Vail Town Code, based upon a split vote (3-3-0). In general those voting in opposition to the motion cited a desire to preserve mature and healthy vegetation, stream health, and the element of vegetation within adopted view corridors. On July 17, 2012, the Vail Town Council heard a presentation on the current view corridor regulations and concerns raised by the Planning and Environmental Commission. At this hearing the Vail Town Council was asked to answer the following question: "Does the Vail Town Council believe that the Vail Town Code and master plans need to be amended to allow for the maintenance of vegetation impacting an adopted view corridor?" The Vail Town Council responded that there was a need to propose and adopt amendments addressing the maintenance of vegetation impacting adopted view corridors. IV. APPLICABLE DOCUMENTS Vail Town Code Chapter 12-1-2, Purpose (in part) Town of Vail Page 5 A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes.- 1. urposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 5. To conserve and maintain established community qualities and economic values. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Chapter 12-22 View Corridors (in part) 12-22-1: PURPOSE: The town believes that preserving certain vistas is in the interest of the town's residents and guests. Specifically, the town believes that.- A. hat: A. The protection and perpetuation of certain mountain views and other significant views from various pedestrian public ways within the town will foster civic pride and is in the public interest of the town. B. It is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment for the residents and guests of the town. C. The preservation of such views will strengthen and preserve the town's unique environmental heritage and attributes. D. The preservation of such views will enhance the aesthetic and economic vitality and values of the town. Town of Vail Page 6 E. The preservation of such views is intended to promote design which is compatible with the surrounding natural and built environment, and is intended to provide for natural light to buildings and in public spaces in the vicinity of the view corridors. F. The preservation of such views will include certain focal points such as the Clock Tower and Rucksack Tower, which serve as prominent landmarks within Vail Village and contribute to the community's unique sense of place. 14-10-3: SITE PLANNING C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased or those essential for creating defensible space. Mitigation may be required for tree removal. Vail Village Master Plan (in part) Chapter V. Goals, Objectives, Policies, and Action Steps Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives, whether it be through the review of private sector development proposals or in implementing capital improvement projects. Finally, action steps are suggested as immediate follow-up actions necessary to implement the goals of this Plan. The Vail Village Master Plan's objectives and policy statements address key issues relative to growth and development. These statements establish much of the context within which future development proposals are evaluated. In implementing the Plan, the objectives and policies are used in conjunction with a number of graphic planning elements that together comprise this Plan. While the objectives and policies establish a general framework, the graphic plans provide more specific direction regarding public improvements or development potential on a particular piece of property. GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. Town of Vail Page 7 Objective 1.4: Recognize the "historic" importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policy 1.4.2: The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. GOAL #3 TO RECOGNIZE AS A TOP PRIOTITY THE ENHANCEMENT OF THE WALKING EXPERIENCE THROUGHOUT THE VILLAGE Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. Policy 3.1.3: Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. GOAL #4 TO PRESERVE EXISTING OPEN SPACE AREAS AND EXPAND GREENSPACE OPPORTUNITIES. Objective 4.1: Improve existing open space areas and create new plazas with greenspace and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. Policy 4.1.1: Active recreation facilities shall be preserved (or relocated to accessible locations elsewhere in the Village) in any development or redevelopment of property in Vail Village. Policy 4.1.2: The development of new public plazas, and improvements to existing plazas (public art, landmarks, historic features, streetscape features, seating areas, etc.) shall be strongly encouraged to reinforce their roles as attractive people places. Vail Villaae Desian Considerations G. VIEWS AND FOCAL POINTS (in part) Vail's mountain/valley setting is a fundamental part of its identity. Views of the mountains, ski slopes, creeks and other natural features are reminders of the mountain environment and, by repeated visibility, are orientation reference points. Certain building features also provide important orientation references and visual focal points. The most significant view corridors have been adopted as part of Chapter 12-22 of the Vail Municipal Code. The view corridors adopted should not be considered exhaustive. When evaluating a development proposal, priority should be given to an analysis of the impact of the project on views. Views that should be preserved originate from either major pedestrian areas or Town of Vail Page 8 public spaces, and include views of the ski mountain, the Gore Range, the Clock Tower, the Rucksack Tower and other Important man-made and natural elements that contribute to the sense of place associated with Vail. These views, which have been adopted by ordinance, were chosen due to their significance, not only from an aesthetic standpoint, but also as orientation reference points for pedestrians. Lionshead Redevelopment Master Plan iWideA40.44 WX.6 new �*rnkt- iAAT � Wod Rik ow torC�X 114, Chapter 4- Master Plan Recommendations — Overall Study Area Public View Corridors On May 20, 1997, recognizing the importance of visual connections, the Vail Town Council approved the use of the existing Town of Vail view corridor ordinance to designate the first protected public view corridors in Lionshead. In order to qualify for protection under the Town's ordinance, a view corridor must meet the following criteria.- a. riteria: a. Is the view critical to the identity, civic pride, and sense of place of Lionshead? A nice view is not sufficient. b. Is the view seen from a widely used, publicly accessible viewpoint? Views from private property cannot be recognized or protected by this ordinance. c. Is the view threatened? Is there a possibility that development on nearby property would block the view? It is critical to note that the following recommended public view corridors will create a development constraint that will work with all other applicable development and Town of Vail Page 9 regulatory guidelines and standards. The suggested location and outline of any view corridor is not intended to create a "build -to" line for a vertical architectural edge that would not be allowed under other applicable guidelines and standards. According to these criteria and following an intensive public input process, protection of the following public view corridors is recommended (see Map 0).- V. ): V. REVIEW CRITERIA The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff believes the proposed amendments furthers the general purpose of the zoning regulations by: "...promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality." Staff believes the proposed amendments furthers the following specific purposes of the zoning regulations: "1. To provide for adequate light, air, sanitation, drainage, and public facilities. 5. To conserve and maintain established community qualities and economic values. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. " In addition, the proposed text amendments will further the six purposes found in Section 12-22-1, Purpose, Vail Town Code as follows: "A. The protection and perpetuation of certain mountain views and other significant views from various pedestrian public ways within the town will foster civic pride and is in the public interest of the town. Town of Vail Page 10 B. It is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment for the residents and guests of the town. C. The preservation of such views will strengthen and preserve the town's unique environmental heritage and attributes. D. The preservation of such views will enhance the aesthetic and economic vitality and values of the town. E. The preservation of such views is intended to promote design which is compatible with the surrounding natural and built environment, and is intended to provide for natural light to buildings and in public spaces in the vicinity of the view corridors. F. The preservation of such views will include certain focal points such as the Clock Tower and Rucksack Tower, which serve as prominent landmarks within Vail village and contribute to the community's unique sense of place." Staff believes that the proposed amendments further both the general and specific purposes of the zoning regulations as they will establish a process by which the initial intent and goal of an adopted view corridor can be preserved by addressing mature vegetation. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The Town of Vail's adopted view corridors are located within Vail Village and Lionshead. Each of these commercial cores have adopted master plans to establish goals, objectives, and policies. Within Vail Village Master Plan staff believes the proposed amendments address the following goal, objective, and policy: GOAL #3 TO RECOGNIZE AS A TOP PRIOTITY THE ENHANCEMENT OF THE WALKING EXPERIENCE THROUGHOUT THE VILLAGE Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. Policy 3.1.3: Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. Town of Vail Page 11 Within Lionshead Redevelopment Master Plan staff believes the proposed amendments address the following policy objectives: 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance the guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. The Town's adopted view corridors work in partnership with the built environment to ensure a visual connection between the pedestrian and the natural environment and specific landmarks. View corridors are an important component of the two commercial cores and the proposed regulations will allow for the continued effectiveness of the adopted view corridors. Staff believes that this proposal complies with this criterion. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The Town of Vail recognized very early in its development that connections between the pedestrian and the natural environment and landmarks were necessary for success. In order to ensure critical visual connections were maintained the Town adopted regulations and criteria to protect critical views through the adoption of Ordinance No. 18, Series of 1992. The impact of landscaping upon adopted view corridors was not anticipated in the adoption of the existing view corridor regulations. The Town of Vail has many goals, objectives, and policies which have resulted in the incorporation of significant landscaping within our commercial cores. This goal of incorporating the natural environment into the built environment has begun to impact the goal of preserving the intent of the adopted view corridors. The proposed regulations are intended to provide a process by which both goals can be achieved. Allowing for the alteration, removal, and replacement of landscaping within adopted view corridors establishes the ability to balance both goals. Town of Vail Page 12 Staff believes that conditions have changed since the original adoption of the subject regulations. The impact of landscaping upon adopted view corridors was not considered in the existing regulations. It is necessary to amend the existing regulations in order to continue to achieve the goals of Chapter 12- 22, View Corridors, Vail Town Code. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendments will allow for a harmonious, convenient, and workable relationship among land use regulations consistent with municipal development objectives. As landscaping matures it may begin to frame the adopted view corridor or it could be detrimental to the purpose and need to be addressed. The proposed text amendments will allow for balance to be achieved between the goals of preserving adopted view corridors and incorporating the natural environment into the built environment. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Chapter 12-22, View Corridors, Vail Town Code, and Section 14-10-3C, Site Planning, Vail Town Code, to allow for the maintenance of adopted view corridors impacted by vegetation, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Chapter 12-22, View Corridors, Vail Town Code, and Section 14-10-3C, Site Planning, Vail Town Code to allow for the maintenance of adopted view corridors impacted by vegetation, and setting forth details in regard thereto." Town of Vail Page 13 Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes the following findings: 'Based upon a review of Section V of this memorandum, and the evidence and testimony presented the Planning and Environmental Commission finds.- 1) inds: 1) That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town, and 2) That the amendment furthers the general and specific purposes of the zoning regulations, and 3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." VII. ATTACHMENTS A. Photographs of Vail's Adopted View Corridors Town of Vail Page 14 0 rowN OF vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 13, 2012 SUBJECT: A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Chapter 12-22, View Corridors, Vail Town Code, to allow for the maintenance of adopted view corridors impacted by vegetation, and setting forth details in regard thereto. (PEC120029) Applicant: Town of Vail Planner: Warren Campbell I. SUMMARY The applicant, the Town of Vail, is requesting a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for amendments to Chapter 12-22, View Corridors, and Section 14-10-3C, Site Planning, Vail Town Code to allow for the maintenance of adopted view corridors impacted by vegetation. Staff initiated this application at the direction of the Vail Town Council as a result of an identified need to address the impacts of maturing landscaping upon designated view corridors. As a result, Staff is proposing amendments to the existing view corridor regulations that allow for design review of proposals to alter the vegetation impacting adopted view corridors. Based on the criteria and findings in Section V of this memorandum, and the testimony presented at the public hearing, Staff recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for this application. II. DESCRIPTION OF THE REQUEST Currently within the Town of Vail there are nine (9) adopted view corridors. These view corridors were established to protect, perpetuate, and preserve views from pedestrian public ways determined to be important to the aesthetic and economic vitality of the town. There is no view corridor with a view point origination located upon private property. Many of the adopted view corridors cross over private property and impact the development permitted upon those properties. Chapter 12-22, View Corridors, Vail Town Code, is proposed to be amended in part as follows (text to be deleted is in stFikethFe nh, text that is to be added is bold, and sections of text that are not amended have been omitted): Initial Recommendation to PEC: 12-22-3: LANDSCAPING: The alteration, removal, and replacement of landscaping may be necessary to maintain the original purposes of the preserved views established in this Chapter. Revised Recommendation to PEC: 12-22-3: VEGETATION; MAINTENANCE: The maintenance of vegetation through limbing and pruning may be necessary for preservation of the view corridors set forth in this Chapter. The removal of vegetation shall only be permitted when said vegetation is found to be detrimental to the view corridor purposes set forth in this Chapter, as determined by the Design Review Board. Mitigation of vegetation removal may be required to preserve and enhance the landscape character of the area. 12-22-6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS: (in part) No part of a structure shall be permitted to encroach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with this section. An application for approval to encroach into an existing view corridor may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, or by application of any resident or property owner in the town, or by the administrator or his/her designee. C. Criteria For Encroachment: No encroachment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the following criteria.- Town riteria: Town of Vail Page 2 1. That the literal enforcement of this chapter sec-tiep 1:2-:2:2- Gf this nhptor would preclude a reasonable development of a proposed structure on the applicant's land. 2. That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter. 3. That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. 4. That the development proposed by the applicant complies with applicable elements of the Vail land use plan, town policies, urban design guide plans, and other adapted master plans. 5. That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view. In addition to the amendments detailed above, Staff recommends that Section 14-10-3C, Site Planning, Vail Town Code, be amended as follows in order to clarify the unique nature of designated view corridors with regard to vegetation. Section 14-10-3C, Site Planning, Vail Town Code, is proposed to be amended in part as follows (text to be deleted is in strikethre nh, text that is to be added is bold, and sections of text that are not amended have been omitted): Initial Recommendation to PEC: C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased, er those essential for creating defensible space, and those detrimental to the original purpose of the adopted view corridors identified in Chapter 12-22, View Corridors, Vail Town Code. Mitigation may be required for tree removal. Revised recommendation to PEC: C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased, er those essential for creating defensible space, and those found to impact view corridors as further regulated by Chapter 12-22, View Corridors, Vail Town Code. Mitigation may be required for tree removal. III. BACKGROUND A review of historical documents found a discussion on the impacts of vegetation upon adopted view corridors. The discussion occurred during the Planning and Environmental Commission's review of Ordinance No. 13, Series of 1991. The purpose of the ordinance was to incorporate adopted view corridors from the Vail Town of Vail Page 3 Village Urban Design Considerations into the Vail Town Code. The following is an except of the public hearing minutes from April 22, 1991: "Chuck Crist [Commissioner] asked if a "structure"; as indicated in Paragraph 3, would include street lights or trees. Kristan [Pritz, Director of Community Development] answered that street lights and public utilities would not be included in the definition. Chuck responded that, eventually, trees could block the intended view. Shelley [Mello, Planner] related that other communities around the nation had tried to deal with this issue, and it was common question. Chuck clarified he was more concerned with artificial structures, such as street lights, but not vegetation. The suggestion made by Diana [Donovan, Commissioner] was to add language to this paragraph which would indicate man-made objects, such as street lights, top lights, and utility poles, would not be allowed." On August 3, 2011 the Design Review Board unanimously denied an application to remove existing trees along the north bank of Gore Creek west of the Covered Bridge. These proposed landscaping changes were intended to clear the view of the Gorsuch clock tower from the Vail Transportation Center stairs as established in view corridor 1. The minutes of the hearing are reflected as follows: "The Design Review Board (DRB) cited Chapter 12-22, View Corridors, Vail Town Code which contained no provisions for the "maintenance" of view corridors with regard to vegetation. Furthermore, Section 14-10-3C, Site Planning, Vail Town Code, states the following-- 'C. ollowing: `C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased or those essential for creating defensible space. Mitigation may be required for tree removal.' The DRB has consistently used this regulation to prevent the removal of vegetation for the sole purpose of obtaining a view to a landmark (commonly the Gore Range or the ski mountain). The DRB was concerned about allowing the Town to perform an action which is consistently denied for private property owners as this request occurs frequently. The DRB understood the concern of the encroachment of the vegetation on the view corridor and had several suggestions and concerns. There was a concern that the removal of the trees would expose a roof material and a building which might have a negative effect if it became completely exposed. The Board highlighted that the original design intent of Eldon Beck was to limit the view to short distances into the Village and create an element of surprise. It was stated that the trees framed the Town of Vail Page 4 Covered Bridge and are solely a summer problem, and does this warrant removal. The DRB suggested that the Town Council direct staff to prepare amendments to Chapter 12-22, View Corridors, Vail Town Code, to include provisions for "maintenance" of a view corridor with regard to vegetation. It was further suggested that Section 14-10-3C, Site Planning, Vail Town Code, would be improved with the addition of provisions and criteria for the evaluation of the removal of vegetation that may have been improperly cited during original installation and after a number of years has impacted important views. A requirement for replacement should accompany any provision allowing for this to occur." On September 6, 2011, the Vail Town Council unanimously upheld the call-up of the Design Review Board's denial of the application for landscaping changes on the northwest side of the Covered Bridge. The Vail Town Council directed Staff to prepare amendments to the Chapter 12-22, View Corridors, Vail Town Code, to allow for the removal of landscaping encroaching into the adopted view corridors. On February 13, 2012, the Planning and Environmental Commission, did not forward a recommendation of approval on proposed amendments to Chapter 12- 22, View Corridors, Vail Town Code, based upon a split vote (3-3-0). In general those voting in opposition to the motion cited a desire to preserve mature and healthy vegetation, stream health, and the element of vegetation within adopted view corridors. On July 17, 2012, the Vail Town Council heard a presentation on the current view corridor regulations and concerns raised by the Planning and Environmental Commission. At this hearing the Vail Town Council was asked to answer the following question: "Does the Vail Town Council believe that the Vail Town Code and master plans need to be amended to allow for the maintenance of vegetation impacting an adopted view corridor?" The Vail Town Council responded that there was a need to propose and adopt amendments addressing the maintenance of vegetation impacting adopted view corridors. IV. APPLICABLE DOCUMENTS Vail Town Code Chapter 12-1-2, Purpose (in part) Town of Vail Page 5 A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes.- 1. urposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 5. To conserve and maintain established community qualities and economic values. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Chapter 12-22 View Corridors (in part) 12-22-1: PURPOSE: The town believes that preserving certain vistas is in the interest of the town's residents and guests. Specifically, the town believes that.- A. hat: A. The protection and perpetuation of certain mountain views and other significant views from various pedestrian public ways within the town will foster civic pride and is in the public interest of the town. B. It is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment for the residents and guests of the town. C. The preservation of such views will strengthen and preserve the town's unique environmental heritage and attributes. D. The preservation of such views will enhance the aesthetic and economic vitality and values of the town. Town of Vail Page 6 E. The preservation of such views is intended to promote design which is compatible with the surrounding natural and built environment, and is intended to provide for natural light to buildings and in public spaces in the vicinity of the view corridors. F. The preservation of such views will include certain focal points such as the Clock Tower and Rucksack Tower, which serve as prominent landmarks within Vail Village and contribute to the community's unique sense of place. 14-10-3: SITE PLANNING C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased or those essential for creating defensible space. Mitigation may be required for tree removal. Vail Village Master Plan (in part) Chapter V. Goals, Objectives, Policies, and Action Steps Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives, whether it be through the review of private sector development proposals or in implementing capital improvement projects. Finally, action steps are suggested as immediate follow-up actions necessary to implement the goals of this Plan. The Vail Village Master Plan's objectives and policy statements address key issues relative to growth and development. These statements establish much of the context within which future development proposals are evaluated. In implementing the Plan, the objectives and policies are used in conjunction with a number of graphic planning elements that together comprise this Plan. While the objectives and policies establish a general framework, the graphic plans provide more specific direction regarding public improvements or development potential on a particular piece of property. GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. Town of Vail Page 7 Objective 1.4: Recognize the "historic" importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policy 1.4.2: The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. GOAL #3 TO RECOGNIZE AS A TOP PRIOTITY THE ENHANCEMENT OF THE WALKING EXPERIENCE THROUGHOUT THE VILLAGE Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. Policy 3.1.3: Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. GOAL #4 TO PRESERVE EXISTING OPEN SPACE AREAS AND EXPAND GREENSPACE OPPORTUNITIES. Objective 4.1: Improve existing open space areas and create new plazas with greenspace and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. Policy 4.1.1: Active recreation facilities shall be preserved (or relocated to accessible locations elsewhere in the Village) in any development or redevelopment of property in Vail Village. Policy 4.1.2: The development of new public plazas, and improvements to existing plazas (public art, landmarks, historic features, streetscape features, seating areas, etc.) shall be strongly encouraged to reinforce their roles as attractive people places. Vail Villaae Desian Considerations G. VIEWS AND FOCAL POINTS (in part) Vail's mountain/valley setting is a fundamental part of its identity. Views of the mountains, ski slopes, creeks and other natural features are reminders of the mountain environment and, by repeated visibility, are orientation reference points. Certain building features also provide important orientation references and visual focal points. The most significant view corridors have been adopted as part of Chapter 12-22 of the Vail Municipal Code. The view corridors adopted should not be considered exhaustive. When evaluating a development proposal, priority should be given to an analysis of the impact of the project on views. Views that should be preserved originate from either major pedestrian areas or Town of Vail Page 8 public spaces, and include views of the ski mountain, the Gore Range, the Clock Tower, the Rucksack Tower and other Important man-made and natural elements that contribute to the sense of place associated with Vail. These views, which have been adopted by ordinance, were chosen due to their significance, not only from an aesthetic standpoint, but also as orientation reference points for pedestrians. Lionshead Redevelopment Master Plan iWideA40.44 WX.6 new f orre x iAAT � Wod Rik ow torC�X 114, Chapter 4- Master Plan Recommendations — Overall Study Area Public View Corridors On May 20, 1997, recognizing the importance of visual connections, the Vail Town Council approved the use of the existing Town of Vail view corridor ordinance to designate the first protected public view corridors in Lionshead. In order to qualify for protection under the Town's ordinance, a view corridor must meet the following criteria.- a. riteria: a. Is the view critical to the identity, civic pride, and sense of place of Lionshead? A nice view is not sufficient. b. Is the view seen from a widely used, publicly accessible viewpoint? Views from private property cannot be recognized or protected by this ordinance. c. Is the view threatened? Is there a possibility that development on nearby property would block the view? It is critical to note that the following recommended public view corridors will create a development constraint that will work with all other applicable development and Town of Vail Page 9 regulatory guidelines and standards. The suggested location and outline of any view corridor is not intended to create a "build -to" line for a vertical architectural edge that would not be allowed under other applicable guidelines and standards. According to these criteria and following an intensive public input process, protection of the following public view corridors is recommended (see Map 0).- V. ): V. REVIEW CRITERIA The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff believes the proposed amendments furthers the general purpose of the zoning regulations by: "...promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality." Staff believes the proposed amendments furthers the following specific purposes of the zoning regulations: "1. To provide for adequate light, air, sanitation, drainage, and public facilities. 5. To conserve and maintain established community qualities and economic values. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. " In addition, the proposed text amendments will further the six purposes found in Section 12-22-1, Purpose, Vail Town Code as follows: "A. The protection and perpetuation of certain mountain views and other significant views from various pedestrian public ways within the town will foster civic pride and is in the public interest of the town. Town of Vail Page 10 B. It is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment for the residents and guests of the town. C. The preservation of such views will strengthen and preserve the town's unique environmental heritage and attributes. D. The preservation of such views will enhance the aesthetic and economic vitality and values of the town. E. The preservation of such views is intended to promote design which is compatible with the surrounding natural and built environment, and is intended to provide for natural light to buildings and in public spaces in the vicinity of the view corridors. F. The preservation of such views will include certain focal points such as the Clock Tower and Rucksack Tower, which serve as prominent landmarks within Vail village and contribute to the community's unique sense of place." Staff believes that the proposed amendments further both the general and specific purposes of the zoning regulations as they will establish a process by which the initial intent and goal of an adopted view corridor can be preserved by addressing mature vegetation. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The Town of Vail's adopted view corridors are located within Vail Village and Lionshead. Each of these commercial cores have adopted master plans to establish goals, objectives, and policies. Within Vail Village Master Plan staff believes the proposed amendments address the following goal, objective, and policy: GOAL #3 TO RECOGNIZE AS A TOP PRIOTITY THE ENHANCEMENT OF THE WALKING EXPERIENCE THROUGHOUT THE VILLAGE Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. Policy 3.1.3: Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. Town of Vail Page 11 Within Lionshead Redevelopment Master Plan staff believes the proposed amendments address the following policy objectives: 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance the guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. The Town's adopted view corridors work in partnership with the built environment to ensure a visual connection between the pedestrian and the natural environment and specific landmarks. View corridors are an important component of the two commercial cores and the proposed regulations will allow for the continued effectiveness of the adopted view corridors. Staff believes that this proposal complies with this criterion. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The Town of Vail recognized very early in its development that connections between the pedestrian and the natural environment and landmarks were necessary for success. In order to ensure critical visual connections were maintained the Town adopted regulations and criteria to protect critical views through the adoption of Ordinance No. 18, Series of 1992. The impact of landscaping upon adopted view corridors was not anticipated in the adoption of the existing view corridor regulations. The Town of Vail has many goals, objectives, and policies which have resulted in the incorporation of significant landscaping within our commercial cores. This goal of incorporating the natural environment into the built environment has begun to impact the goal of preserving the intent of the adopted view corridors. The proposed regulations are intended to provide a process by which both goals can be achieved. Allowing for the alteration, removal, and replacement of landscaping within adopted view corridors establishes the ability to balance both goals. Town of Vail Page 12 Staff believes that conditions have changed since the original adoption of the subject regulations. The impact of landscaping upon adopted view corridors was not considered in the existing regulations. It is necessary to amend the existing regulations in order to continue to achieve the goals of Chapter 12- 22, View Corridors, Vail Town Code. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendments will allow for a harmonious, convenient, and workable relationship among land use regulations consistent with municipal development objectives. As landscaping matures it may begin to frame the adopted view corridor or it could be detrimental to the purpose and need to be addressed. The proposed text amendments will allow for balance to be achieved between the goals of preserving adopted view corridors and incorporating the natural environment into the built environment. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Chapter 12-22, View Corridors, Vail Town Code, and Section 14-10-3C, Site Planning, Vail Town Code, to allow for the maintenance of adopted view corridors impacted by vegetation, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Chapter 12-22, View Corridors, Vail Town Code, and Section 14-10-3C, Site Planning, Vail Town Code to allow for the maintenance of adopted view corridors impacted by vegetation, and setting forth details in regard thereto." Town of Vail Page 13 Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes the following findings: 'Based upon a review of Section V of this memorandum, and the evidence and testimony presented the Planning and Environmental Commission finds.- 1) inds: 1) That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town, and 2) That the amendment furthers the general and specific purposes of the zoning regulations, and 3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." VII. ATTACHMENTS A. Photographs of Vail's Adopted View Corridors Town of Vail Page 14 or R r �4 ,% Al 1.r 0�AL - OjV w 1 DAMN SKI RENTALS 13 a .r 1p "RA @❑ tl t wk " - ",.# EW ItAb _ { �`: m 61 1 E ,"kms . Cry e f C it 7 •�� �' Nr ■ 'r � L jq I Crown Castle Site Name: AT&T Vail Crown Castle Site Number: 81016 Existing View To The Northeast from Frontage Road Proposed Crown Castle Stealth Monopines Proposed Crown Castle Stealth Monopines With Antennas Property of: 4205 Eagle Ridge Way (This photo simulation is for illustrative purposes only) Castle Rock, CO 80104 Crown Castle Site Name: AT&T- Vail Crown Castle Site Number: 81016 Existing View To The North from Golf Course New Crown Castle Stealth Monopine AM _4 Proposed Crown Castle Stealth Monopines With Antennas Property of: 4205 Eagle Ridge Way (This photo simulation is for illustrative purposes only) Castle Rock, CO 80104 Crown Castle Site Name: AT&T- Vail Crown Castle Site Number: 81016 r Existing View To The Northeast from Frontage Road Proposed Crown Castle Stealth Monopines r- ! Jay 493 i4 y'�Y! Proposed Crown Castle Stealth Monopines With Antennas Property of: 4205 Eagle Ridge Way (This photo simulation is for illustrative purposes only) Castle Rock, CO 80104 Memorandum To: Planning and Environmental Commission From: Community Development Department Date: August 13, 2012 Subject: A request for the review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for public utility and public service uses (equipment room for communications equipment), located at 1289 Elkhorn Drive/ Unplatted, and setting forth details in regard thereto. (PEC110032) Applicant: Town of Vail, represented by Crown Castle Planner: Rachel Dimond SUMMARY The applicant, Town of Vail, represented by Crown Castle, are requesting a conditional use permit for a "public utility and public service use" to facilitate the construction of two attached equipment rooms for communications equipment, located at the Public Works Facility at 1289 Elkhorn Drive/ Unplatted. The application includes: • Construction of two 230 square foot one-story structures, one to be built in 2012, and the second to be built as needed within the next five years • Location of new structures will be west of existing storage building, approximately seven feet from the southern property line, on top of a paved area used for sand storage, with no decrease in landscaping • The new structures will be 11 feet tall and will increase site coverage by 460 square feet • Installation of two mono -pole faux trees, which are considered communications equipment and are not subject to PEC review, only DRB review Staff recommends the Planning and Environmental Commission approve, with conditions, the conditional use permit, subject to the findings and criteria outlined in Section VII of this memorandum. For reference, the attachments include a vicinity map (Attachment A), architectural plans (Attachment B) and photo simulations (Attachment C). BACKGROUND The Town of Vail Public Works and Transportation Department currently operates from several sites within the Town, with most facilities located at the Public Work facility at 1289 Elkhorn Dr. The Public Works facility has been serving the Town of Vail since its construction in 1979. In 1994, the Town approved an expansion of the administration offices through the approval of a conditional use permit. In 1997, the Town approved the construction of 24 employee housing units to be located on site. The employee housing, known as Buzzard Park, includes 21 studio apartments and 3 one -bedroom units. The employee housing units were approved through the approval of a conditional use permit. In 2002, the Town approved an addition to the Town Shops through a conditional use permit. In 1994, the Town Council approved a master plan for the Town of Vail Public Works Facility. The primary purposes of the Master Plan were to provide an analysis of needed space, to determine the current and future needs of the department, and to develop a master plan to meet the identified needs for the next 10 to 20 years. In early 2012, the Vail Town Council engaged Crown Castle in a lease of town property at the Public Works facility in order to install communications equipment for improved cellular service in the Town of Vail. Crown Castle will also improve the Town's wi-fi system over the next year. ZONING ANALYSIS Zoning: General Use District Land Use Plan Designation: Public/ Semi -Public Current Land Use: Public Buildings and Grounds/ Employee Housing Units Development Allowed/Required Existing Standard Lot Area: As determined 740,520 sq ft by PEC Setbacks: Front: Side (east): Side (east): Rear: Site Coverage As determined by PEC As determined by PEC 3.5 feet 138 feet 500 feet 65 feet 60,981 sq ft (8.2%) Proposed No change No change No change No change No change 61,441 sq ft (8.3%) +460 sq ft Town of Vail Page 2 Height: As determined 35 feet (Buzzard New structures 11 by PEC Park) feet IV. SURROUNDING LAND USES V. APPLICABLE PLANNING DOCUMENTS Title 12 Zoning Regulations Zoning Not in TOV (Forest Service) None Not in TOV (Forest Service) Agriculture and Open Space District 12-9C: General Use District 12-9C-1: PURPOSE: The general use district is intended to provide sites for public and quasi -public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi -public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. 12-9C-5: DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the general use district, development standards in each of the following categories shall be as prescribed by the planning and environmental commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. Town of Vail Page 3 Land Use Land Use Designation North: Forest N/A Service South: 1-70 Not Designated East: Forest N/A Service West: Open Space Open Space V. APPLICABLE PLANNING DOCUMENTS Title 12 Zoning Regulations Zoning Not in TOV (Forest Service) None Not in TOV (Forest Service) Agriculture and Open Space District 12-9C: General Use District 12-9C-1: PURPOSE: The general use district is intended to provide sites for public and quasi -public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi -public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. 12-9C-5: DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the general use district, development standards in each of the following categories shall be as prescribed by the planning and environmental commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. Town of Vail Page 3 B. Reviewed By Planning And Environmental Commission: Development standards shall be proposed by the applicant as a part of a conditional use permit application. Site specific development standards shall then be determined by the planning and environmental commission during the review of the conditional use request in accordance with the provisions of chapter 16 of this title. 12-9C-6: ADDITIONAL DEVELOPMENT STANDARDS: Additional regulations pertaining to site development standards and the development of land in the general use district are found in chapter 14 of this title. Vail Land Use Plan (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2. The quality of development should be maintained and upgraded whenever possible. 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 6. Community Services 6.1. Services should keep pace with increased growth. 6.2. The Town of Vail should play a role in future development through balancing growth with services. 6.3. Services should be adjusted to keep pace with the needs of peak periods. Town of Vail Page 4 PSP Public/ Semi -Public The public and semi-public category includes schools, post office, water and sewer service and storage facilities, cemeteries, municipal facilities, and other public institutions, which are located throughout the community to serve the needs of residents. VI. REVIEW CRITERIA Conditional Use Permit: 1. Relationship and impact of the use on development objectives of the town. Staff finds the proposed equipment rooms will facilitate the Town's development objective to provide improved telecommunications services to residents and guests within the Town of Vail and on Vail Mountain. Further, the installation of the equipment rooms and monopoles (which are part of a DRB review) will eliminate the need for two carriers (AT&T and one future unknown carrier) to install monopoles in other locations within Vail. Another development objective that will be met is the need to screen such devices from public view. This screening will occur through the berm, which provides a buffer between the public works facility and 1-70. The Public Works Facility Master Plan outlines uses for the site specifically related to Public Works Department functions, so there is no mention of other uses on the site. However, the site itself has been utilized as the Town's industrial site, with a wide range of storage, recycling, snow dump and other similar uses. A telecommunications facility is compatible with that range of industrial uses. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Staff finds the proposed equipment rooms will be properly located at the Public Works facility to avoid any adverse effects on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities. The location within the Public Works facility will cause the relocation of sand storage to the rear of the Town Shops and will extend into the drive aisle no further than the existing sand storage area, thus having no negative effects on circulation for trucks moving snow to the snow dump area. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. Town of Vail Page 5 Staff finds both equipment rooms will not impact automotive traffic, including congestion, traffic flow and control, access and maneuverability, as they are out of the drive aisle for trucks going to the snow dump. The location of the equipment rooms will maintain consistent access for pedestrians and maintenance workers. The proposed jersey barriers will maintain a division between the buildings and any automotive traffic, thus maintaining safety at all times. Snow removal from the drive lane will not be affected. 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. Staff finds the proposed equipment rooms, with matching finishes to the adjacent storage building, will maintain the character of the Public Works facility. The industrial nature of the Public Works facility lends itself to this use and specifically, this design. The berm to the south of the structure will hide the structure from view, and within the facility, the new equipment rooms will match the existing adjacent storage building in finishes. At eleven feet in height, the new equipment rooms will be slightly shorter than the existing storage building. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title. Staff finds an environmental impact report is not required by Chapter 12-12, Vail Town Code; therefore, this criteria is not applicable. VII. STAFF RECOMMENDATION • The Community Development Department recommends approval, with conditions, of the conditional use permit. • Should the Planning and Environmental Commission choose to approve the conditional use permit, the Community Development Department recommends the Commission make the following motion: "The Planning and Environmental Commission approves a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for public utility and public service uses (equipment room for communications equipment), located at 1289 Elkhorn Drive/ Unplatted, and setting forth details in regard thereto." Town of Vail Page 6 • Should the Planning and Environmental Commission choose to approve this conditional use permit, the Community Development Department recommends the Commission approve the following conditions: "1. This approval is contingent upon the applicant obtaining appropriate approval from the Design Review Board. 2. The applicant may phase the construction of the two structures, with the second structure to be built within five (5) years of this approval." • Should the Planning and Environmental Commission choose to approve the conditional use permit, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 1. That the proposed location of the use is in accordance with the purposes of this title and the purposes of the zone 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 will 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 will comply with each of the applicable provisions of this title." IX. ATTACHMENTS A. Vicinity Map B. Narrative from Crown Castle C. Architectural Plans D. Photo Simulations Town of Vail Page 7 rECS August 9, 2012 Telecommunications Facility Vail Public Works Facility, Vail CO Crown Castle is proposing a Telecommunication Facility at 1309 Elkhorn in Vail, which is located on the Town of Vails property. This property offers good views of 1-70 going East and West; it also serves the downtown of Vail and the base of Vail ski resort. The property offers great concealment for the proposed equipment structures because of a berm, which located between 1-70 and the facility. The structures will not be seen from any neighboring community or people traveling through 1-70 East or West. At this location Crown is proposing to zone for two stealth Monopines and two equipment structures. One of the Monopines and equipment structures will be used by AT&T for now and the other Monopine and equipment structure will be used for a future carrier and not built at this time. Page 1 of 1 Memorandum To: Planning and Environmental Commission From: Community Development Department Date: August 13, 2012 Subject: A request for the review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for public utility and public service uses (equipment room for communications equipment), located at 1289 Elkhorn Drive/ Unplatted, and setting forth details in regard thereto. (PEC110032) Applicant: Town of Vail, represented by Crown Castle Planner: Rachel Dimond SUMMARY The applicant, Town of Vail, represented by Crown Castle, are requesting a conditional use permit for a "public utility and public service use" to facilitate the construction of two attached equipment rooms for communications equipment, located at the Public Works Facility at 1289 Elkhorn Drive/ Unplatted. The application includes: • Construction of two 230 square foot one-story structures, one to be built in 2012, and the second to be built as needed within the next five years • Location of new structures will be west of existing storage building, approximately seven feet from the southern property line, on top of a paved area used for sand storage, with no decrease in landscaping • The new structures will be 11 feet tall and will increase site coverage by 460 square feet • Installation of two mono -pole faux trees, which are considered communications equipment and are not subject to PEC review, only DRB review Staff recommends the Planning and Environmental Commission approve, with conditions, the conditional use permit, subject to the findings and criteria outlined in Section VII of this memorandum. For reference, the attachments include a vicinity map (Attachment A), architectural plans (Attachment B) and photo simulations (Attachment C). BACKGROUND The Town of Vail Public Works and Transportation Department currently operates from several sites within the Town, with most facilities located at the Public Work facility at 1289 Elkhorn Dr. The Public Works facility has been serving the Town of Vail since its construction in 1979. In 1994, the Town approved an expansion of the administration offices through the approval of a conditional use permit. In 1997, the Town approved the construction of 24 employee housing units to be located on site. The employee housing, known as Buzzard Park, includes 21 studio apartments and 3 one -bedroom units. The employee housing units were approved through the approval of a conditional use permit. In 2002, the Town approved an addition to the Town Shops through a conditional use permit. In 1994, the Town Council approved a master plan for the Town of Vail Public Works Facility. The primary purposes of the Master Plan were to provide an analysis of needed space, to determine the current and future needs of the department, and to develop a master plan to meet the identified needs for the next 10 to 20 years. In early 2012, the Vail Town Council engaged Crown Castle in a lease of town property at the Public Works facility in order to install communications equipment for improved cellular service in the Town of Vail. Crown Castle will also improve the Town's wi-fi system over the next year. ZONING ANALYSIS Zoning: General Use District Land Use Plan Designation: Public/ Semi -Public Current Land Use: Public Buildings and Grounds/ Employee Housing Units Development Allowed/Required Existing Standard Lot Area: As determined 740,520 sq ft by PEC Setbacks: Front: Side (east): Side (east): Rear: Site Coverage As determined by PEC As determined by PEC 3.5 feet 138 feet 500 feet 65 feet 60,981 sq ft (8.2%) Proposed No change No change No change No change No change 61,441 sq ft (8.3%) +460 sq ft Town of Vail Page 2 Height: As determined 35 feet (Buzzard New structures 11 by PEC Park) feet IV. SURROUNDING LAND USES V. APPLICABLE PLANNING DOCUMENTS Title 12 Zoning Regulations Zoning Not in TOV (Forest Service) None Not in TOV (Forest Service) Agriculture and Open Space District 12-9C: General Use District 12-9C-1: PURPOSE: The general use district is intended to provide sites for public and quasi -public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi -public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. 12-9C-5: DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the general use district, development standards in each of the following categories shall be as prescribed by the planning and environmental commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. Town of Vail Page 3 Land Use Land Use Designation North: Forest N/A Service South: 1-70 Not Designated East: Forest N/A Service West: Open Space Open Space V. APPLICABLE PLANNING DOCUMENTS Title 12 Zoning Regulations Zoning Not in TOV (Forest Service) None Not in TOV (Forest Service) Agriculture and Open Space District 12-9C: General Use District 12-9C-1: PURPOSE: The general use district is intended to provide sites for public and quasi -public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi -public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. 12-9C-5: DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the general use district, development standards in each of the following categories shall be as prescribed by the planning and environmental commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. Town of Vail Page 3 B. Reviewed By Planning And Environmental Commission: Development standards shall be proposed by the applicant as a part of a conditional use permit application. Site specific development standards shall then be determined by the planning and environmental commission during the review of the conditional use request in accordance with the provisions of chapter 16 of this title. 12-9C-6: ADDITIONAL DEVELOPMENT STANDARDS: Additional regulations pertaining to site development standards and the development of land in the general use district are found in chapter 14 of this title. Vail Land Use Plan (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2. The quality of development should be maintained and upgraded whenever possible. 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 6. Community Services 6.1. Services should keep pace with increased growth. 6.2. The Town of Vail should play a role in future development through balancing growth with services. 6.3. Services should be adjusted to keep pace with the needs of peak periods. Town of Vail Page 4 PSP Public/ Semi -Public The public and semi-public category includes schools, post office, water and sewer service and storage facilities, cemeteries, municipal facilities, and other public institutions, which are located throughout the community to serve the needs of residents. VI. REVIEW CRITERIA Conditional Use Permit: 1. Relationship and impact of the use on development objectives of the town. Staff finds the proposed equipment rooms will facilitate the Town's development objective to provide improved telecommunications services to residents and guests within the Town of Vail and on Vail Mountain. Further, the installation of the equipment rooms and monopoles (which are part of a DRB review) will eliminate the need for two carriers (AT&T and one future unknown carrier) to install monopoles in other locations within Vail. Another development objective that will be met is the need to screen such devices from public view. This screening will occur through the berm, which provides a buffer between the public works facility and 1-70. The Public Works Facility Master Plan outlines uses for the site specifically related to Public Works Department functions, so there is no mention of other uses on the site. However, the site itself has been utilized as the Town's industrial site, with a wide range of storage, recycling, snow dump and other similar uses. A telecommunications facility is compatible with that range of industrial uses. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Staff finds the proposed equipment rooms will be properly located at the Public Works facility to avoid any adverse effects on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities. The location within the Public Works facility will cause the relocation of sand storage to the rear of the Town Shops and will extend into the drive aisle no further than the existing sand storage area, thus having no negative effects on circulation for trucks moving snow to the snow dump area. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. Town of Vail Page 5 Staff finds both equipment rooms will not impact automotive traffic, including congestion, traffic flow and control, access and maneuverability, as they are out of the drive aisle for trucks going to the snow dump. The location of the equipment rooms will maintain consistent access for pedestrians and maintenance workers. The proposed jersey barriers will maintain a division between the buildings and any automotive traffic, thus maintaining safety at all times. Snow removal from the drive lane will not be affected. 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. Staff finds the proposed equipment rooms, with matching finishes to the adjacent storage building, will maintain the character of the Public Works facility. The industrial nature of the Public Works facility lends itself to this use and specifically, this design. The berm to the south of the structure will hide the structure from view, and within the facility, the new equipment rooms will match the existing adjacent storage building in finishes. At eleven feet in height, the new equipment rooms will be slightly shorter than the existing storage building. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title. Staff finds an environmental impact report is not required by Chapter 12-12, Vail Town Code; therefore, this criteria is not applicable. VII. STAFF RECOMMENDATION • The Community Development Department recommends approval, with conditions, of the conditional use permit. • Should the Planning and Environmental Commission choose to approve the conditional use permit, the Community Development Department recommends the Commission make the following motion: "The Planning and Environmental Commission approves a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for public utility and public service uses (equipment room for communications equipment), located at 1289 Elkhorn Drive/ Unplatted, and setting forth details in regard thereto." Town of Vail Page 6 • Should the Planning and Environmental Commission choose to approve this conditional use permit, the Community Development Department recommends the Commission approve the following conditions: "1. This approval is contingent upon the applicant obtaining appropriate approval from the Design Review Board. 2. The applicant may phase the construction of the two structures, with the second structure to be built within five (5) years of this approval." • Should the Planning and Environmental Commission choose to approve the conditional use permit, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 1. That the proposed location of the use is in accordance with the purposes of this title and the purposes of the zone 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 will 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 will comply with each of the applicable provisions of this title." IX. ATTACHMENTS A. Vicinity Map B. Narrative from Crown Castle C. Architectural Plans D. Photo Simulations Town of Vail Page 7 iri rECS August 9, 2012 Telecommunications Facility Vail Public Works Facility, Vail CO Crown Castle is proposing a Telecommunication Facility at 1309 Elkhorn in Vail, which is located on the Town of Vails property. This property offers good views of 1-70 going East and West; it also serves the downtown of Vail and the base of Vail ski resort. The property offers great concealment for the proposed equipment structures because of a berm, which located between 1-70 and the facility. The structures will not be seen from any neighboring community or people traveling through 1-70 East or West. At this location Crown is proposing to zone for two stealth Monopines and two equipment structures. One of the Monopines and equipment structures will be used by AT&T for now and the other Monopine and equipment structure will be used for a future carrier and not built at this time. 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(PEC120010) Applicant: Town of Vail Planner: Rachel Dimond PROBLEM STATEMENT AND GOALS At the June 25, 2012 hearing, the Planning and Environmental Commission affirmed the following problem statement and goals: Problem Statement: The Town's first zoning code was adopted in 1969, and since then, the code has been amended hundreds of times. Most amendments were made one at a time and as a reactive response to a present concern. Forty years of amendments have taken a toll on the Town's zoning code, specifically the development review process. The processes required for various applications range from staff review to Town Council review, with variations on each process depending on the zone district. As a result, the development review process is complicated, confusing, fragmented and cumbersome. Further, in a recent community survey, respondents identified the development review process as complicated and lengthy. GOALS: In order to address the issues identified in the problem statement, the following are goals of this project: 1. Identify processes that may be amended and why. 2. Streamline the process and procedures for development review. 3. Ensure consistency among regulations and planning documents. 4. Increase efficiencies and cost savings in the development review process. 5. Eliminate outdated, ineffective and unnecessary provisions within the development titles. 6. Reaffirm existing policies and adopt new policies to clarify direction. 7. Ensure support from the community through public process. 8. Maintain the quality and safety of development in Vail. II. DISCUSSION ITEMS DEVELOPMENT REVIEW PROCESSES The following is a list of development review processes that should be evaluated to meet the goals of this project and other issues that will be discussed over numerous worksessions with the PEC: 1. Development Plan for establishment of Commercial Service Center District 2. Development Plan for Ski Base Recreation 1 District 3. Major and minor amendments to Special Development Districts 4. Major and minor amendments to development plan in Ski Base Recreation District 5. Major and minor amendments to development plan in Ski Base Recreation 2 District 6. General Circulation Plan in Arterial Business District 7. Conditional use permits and amendments 8. Certificate of Occupancy process 9. Internal review of projects, including planning, public works, fire and building review 10. Determination of similar use 11. Major and minor exterior alterations 12. Design review board determination versus Staff determination 13. Appeal process 14. Architectural compatibility 15. Reduction in technical language 16. Definitions 17. Consolidation of land uses 18. Summary of current trends in development review 19. Fee schedules 20. Cost considerations 21. Conceptual review process 22. Combined DRB/Building Permit process 23. DRB/PEC joint hearings to discuss DRB process LAND USES • Staff has undergone a preliminary review of all land uses within the Town of Vail. • There are hundreds of land uses within the Town of Vail. • Staff is recommending land uses be simplified into a standardized classification system, resulting in less than 100 land uses. • Simplification of land uses will allow for reduction in specific land uses and more concentration on regulation of general land uses, such as retail, eating and drinking establishments, etc. • Certain land uses will go from conditional to permitted, as detailed in Staff's presentation during the public hearing. Town of Vail Page 2 A spreadsheet detailing potential changes is attached to this memorandum (see Attachment A). Staff recommends the PEC peruse this list, with more detail to follow during the public hearing. III. STAFF RECOMMENDATION Staff recommends the Planning and Environmental Commission listen to the presentation, ask relevant questions, and provide input on the land uses outlined in this memorandum. Further, Staff requests this item be tabled to the September 10, 2012 hearing. Town of Vail Page 3 0 rowN OF vain Memorandum To: Planning and Environmental Commission From: Community Development Department Date: August 13, 2012 Subject: A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to allow for amendments to Title 12, Zoning Regulations, to amend the development review process (streamlining certain processes), and setting forth details in regard thereto. (PEC120010) Applicant: Town of Vail Planner: Rachel Dimond PROBLEM STATEMENT AND GOALS At the June 25, 2012 hearing, the Planning and Environmental Commission affirmed the following problem statement and goals: Problem Statement: The Town's first zoning code was adopted in 1969, and since then, the code has been amended hundreds of times. Most amendments were made one at a time and as a reactive response to a present concern. Forty years of amendments have taken a toll on the Town's zoning code, specifically the development review process. The processes required for various applications range from staff review to Town Council review, with variations on each process depending on the zone district. As a result, the development review process is complicated, confusing, fragmented and cumbersome. Further, in a recent community survey, respondents identified the development review process as complicated and lengthy. GOALS: In order to address the issues identified in the problem statement, the following are goals of this project: 1. Identify processes that may be amended and why. 2. Streamline the process and procedures for development review. 3. Ensure consistency among regulations and planning documents. 4. Increase efficiencies and cost savings in the development review process. 5. Eliminate outdated, ineffective and unnecessary provisions within the development titles. 6. Reaffirm existing policies and adopt new policies to clarify direction. 7. Ensure support from the community through public process. 8. Maintain the quality and safety of development in Vail. II. DISCUSSION ITEMS DEVELOPMENT REVIEW PROCESSES The following is a list of development review processes that should be evaluated to meet the goals of this project and other issues that will be discussed over numerous worksessions with the PEC: 1. Development Plan for establishment of Commercial Service Center District 2. Development Plan for Ski Base Recreation 1 District 3. Major and minor amendments to Special Development Districts 4. Major and minor amendments to development plan in Ski Base Recreation District 5. Major and minor amendments to development plan in Ski Base Recreation 2 District 6. General Circulation Plan in Arterial Business District 7. Conditional use permits and amendments 8. Certificate of Occupancy process 9. Internal review of projects, including planning, public works, fire and building review 10. Determination of similar use 11. Major and minor exterior alterations 12. Design review board determination versus Staff determination 13. Appeal process 14. Architectural compatibility 15. Reduction in technical language 16. Definitions 17. Consolidation of land uses 18. Summary of current trends in development review 19. Fee schedules 20. Cost considerations 21. Conceptual review process 22. Combined DRB/Building Permit process 23. DRB/PEC joint hearings to discuss DRB process LAND USES • Staff has undergone a preliminary review of all land uses within the Town of Vail. • There are hundreds of land uses within the Town of Vail. • Staff is recommending land uses be simplified into a standardized classification system, resulting in less than 100 land uses. • Simplification of land uses will allow for reduction in specific land uses and more concentration on regulation of general land uses, such as retail, eating and drinking establishments, etc. • Certain land uses will go from conditional to permitted, as detailed in Staff's presentation during the public hearing. Town of Vail Page 2 A spreadsheet detailing potential changes is attached to this memorandum (see Attachment A). Staff recommends the PEC peruse this list, with more detail to follow during the public hearing. III. STAFF RECOMMENDATION Staff recommends the Planning and Environmental Commission listen to the presentation, ask relevant questions, and provide input on the land uses outlined in this memorandum. Further, Staff requests this item be tabled to the August 27, 2012 hearing. Town of Vail Page 3 E E E . . . . . . . . . . fi fi . . . . . . . . . . E E A E . E . . . . E . E . E . E . E E E E E E E E E E E E E E E E E E E E E E E E E E . . . . . . . . . JE E E E E . . . . . . . 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MMMMMMM�� . . . . . . . . . 1,100,10 . . . . . l'I'l 1' 1 . . . . . . . . . . . . . . . . . . . . . . . . . I H'i A E H E I - * d w 4&11 W-dw dwAdd--kid 9 , y . . . . dTw W-dw dddd D-� WWOJD-� dw dd -■I�II!!!!�,-,I■I �III���I I II I E -- a v E v a a v E v a - a v E v a - a v E v a - a v E v a - a v E v a - a v E v a - . a v E v a a v E v a a v E v a a a v v E E v v a a a v E v a a v E v a a v E v a a v E v a a v E v a a v E v a . . . . . E E E E E E E E E `o - E E . - - - - - - - - - - - - - - E E - E E E a E E Ev---- - v v E� E E - E - `�_ EE� E E B E E E E E a E _ E E a E _ E E a - E E a - E E a - E E - E rE➢ - _- EE E E E - - v - Q Q E E E E c E c c E E. U K 44 Q Q Q Q Q Q u A. E -c N c E E c N c I I E c I N - N -- N N - N - N E NU E E - - E K E U K U E E v E K m 0000 m m m a Q a U m Q a a U U tUi� O m (9 (9 U Q rowx of va PLANNING AND ENVIRONMENTAL COMMISSION August 13, 2012 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 **Order and times of agenda items are subject to change** Site Visits: 1. Upton Residence- 4192 Columbine Way 20 minutes 1. A request for the review of a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto. (PEC120027) Applicant: Anne Upton, represented by Pierce Architects Planner: Bill Gibson 20 minutes 2. A request for the review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for public utility and public service uses (equipment room for communications equipment), located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (PEC110032) Applicant: Town of Vail, represented by Crown Castle Planner: Rachel Dimond 15 minutes 3. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Chapter 12-22, View Corridors, Vail Town Code, to allow for the maintenance of adopted view corridors impacted by vegetation, and setting forth details in regard thereto. (PEC120029) Applicant: Town of Vail Planner: Warren Campbell 60 minutes 4. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, to require restoration of watercourses and riparian areas, and setting forth details in regard thereto. (PEC120011) Applicant: Town of Vail Planner: Rachel Dimond 30 minutes 5. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to allow for amendments to Title 12, Zoning Regulations, to amend the development review process, and setting forth details in regard thereto. (PEC120010) Applicant: Town of Vail Planner: Rachel Dimond 6. A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for amendments to the Page 1 employee housing unit deed restriction exchange program review process, and setting forth details in regard thereto. (PEC120017) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to September 10, 2012 7. Approval of July 23, 2012 minutes 8. Information Update 9. Adjournment The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published August 10, 2012, in the Vail Daily. Page 2 Ad Name: 8249249A PLANNING AND ENVIRONMENTAL COMMIS - Customer: TOWN OF VAIL/PLAN DEPT/COMM 013, August 2012 Your account number is- 1 OP2P 33 1:00pm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME Vail Daily 75 S. Frontage Road - Vail, Colorado, 81657 **Order and times of agenda items are subject to change** PROOF OF PUBLICATION Site Visits: 1. Upton Residence- 4192 Columbine Way 20 minutes 1.A request for the review of a variance from Sec- STATE OF COLORADO } tion 12-6G-6, Setbacks, Vail Town Code, pursu- ant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the l SS setbacks, located at 4192 Columbine Way/Lots 25 I & 26, Bighorn Terrace, and setting forth details in COUNTY OF EAGLE } regard thereto. (PE Applicant: Anne Upton,onrepresented by Pierce Ar- chitects Planner: Bill Gibson I, Don Rogers, do solemnly swear that I am a qualified 20 minutes 2.A request for the review of a conditional use representative ofthe Vail Daily. That the same Daily newspaper permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for public utility and public service uses (equipment room for communi- printed in whole or in part and published in the County cations equipment), located at 1289 Elkhorn of Ea le State of Colorado and has a eneral circulation g g Drive/Unplatted, and setting forth details in regard thereto. Applicannt:t: Town Vail, by Crown , , therein; that said newspaper has been published continuously of represented Castle Planner: Rachel Dimond and uninterruptedly in said County of Eagle for a period of 15minutes 3.A request for a recommendation to the Vail Town more than fifty-two consecutive weeks next prior to the first Council for a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Chapter 12-22, View Corridors, publication of the annexed legal notice or advertisement and Vail Town Code, to allow for the maintenance of that said newspaper has published the requested legal notice p q g adopted view corridors impacted by vegetation, and setting forth details in regard thereto. and advertisement as requested. (PEC120029) Applicant: Town of Vail Planner: Warren Campbell 60 minutes 4.A request for a recommendation to the Vail Town The Vail Daily is an accepted legal advertising medium, Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations onlyfor jurisdictions operating under Colorado's Home ] p g amendments to Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, Rule rOV1SlOn. li to require restoration of watercourses and riparian areas, and setting forth details in regard thereto. (PEC120011) Applicant: Town of Vail Planner: Rachel Dimond That the annexed legal notice or advertisement was 30minutes 5.A request for a recommendation to the Vail Town published in the regular and entire issue of every Council for a prescribed regulations amendment, pursuant to 12-3-7, Amendment, Vail Town Code, number of said daily newspaper for the period of 1 to allow for amendments to Title 12, Zoning Regu- lations, to amend the development review process, consecutive insertions; and that the first ublication of said P and setting forth details in regard thereto. (PEC120: T Vail Applicant: Town notice was in the issue of said newspaper dated 8/10/2012 and of Planner: Rachel Dimond that the last publication of said notice was dated 8/10/2012 in 6.A request for a recommendation to the Vail Town Council on prescribed regulation amendments to the issue of said newspaper. Section 12-13-5, Employee Housing Unit Deed Re - striction Exchange Program, Vail Town Code, pur- suant to Section 12-3-7, Amendment, Vail Town Code, to allow for amendments to the employee housing unit deed restriction exchange program re - In witness whereof, I have here unto set m hand this da y y view process, and setting forth details in regard thereto.(PEC120017) , 08/17/2012. Town of Plaanlner:te I Gibson ail ACTION: Table to September 10, 2012 7.Approval of July 23, 2012 minutes 8.Information Update 9.Adjournment General Man ager/Publisher/Editor Vail Dail The applications and information about the propos- als are available for public inspection during regular y office hours at the Town of Vail Community Devel- Subscribed and sworn to before me, a notary public in and for opment Department, 75 South Frontage Road. The public is invited to attend the project orienta- the County of Eagle, State of Colorado this day 08/17/2012. tion and the site visits that precede the public hearing in the Town of Vail Community Develop- ment Department. Please call (970) 479-2138 for additional information. �^{ Sign language interpretation navailable upon re- quest with 24-hour notification. . Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Pamela J. Schultz, Notary Public Published August 10, 2012, in the Vail Daily. (8249249) My Commission expires: November 1, 2015 �pRY PUe/ ' PAMELA J. SCHULTZ 9�� COt-SRP$ My Commismn Expires 11/0112015 Ad Name: 8197056A PUBLIC NOTICE I THIS ITEM MAY AFFECT YOUR PROPERTY Customer: TOWN OF VAIL/PLAN DEPT/COMM NOTICE IS HEREBY GIVEN that the Planning and Your account number is- 1 OP2P 33 Environmental Commission of the Town of Vail will hold a public hearing in accordance with section Vail nA1ly 12-3-6, Vail Town Code, on August 13, 2012, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for the review of a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to PROOF OF PUBLICATION Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 East Columbine STATE OF COLORADO } Way/Lots details 25 & 96, Bighorn Terrace, 2) setting forth details in regard thereto. PEC120027 Applicant: Anne Upton, l SS represented by Pierce Architects I Planner: Bill Gibson COUNTY OF EAGLE } A request for the review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for public utility and I, Don Rogers, do solemnly swear that I am a qualified public service uses (equipment room for communications equipment), located at 1289 representative ofthe Vail Daily. That the same Daily newspaper Elkhorn Drive/ Unplatted, and setting forth details in regard thereto. (PEC 110032) printed, in whole or in part and published in the County Applicant: Town of Vail, represented by Crown Castle Planner: Rachel Dimond of Eagle, State of Colorado, and has a general circulation A for to the Vail Town therein; that said newspaper has been published continuous) p y request a recommendation Council for a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town and uninterruptedly in said County of Eagle for a period of Code, to amend Chapter 12-22, View Corridors, Vail Town Code, to allow for the maintenance of more than fifty-two consecutive weeks next prior to the first adopted view corridors impacted by vegetation, ana setting forth details in regard thereto. Ppublication of the annexed legal notice or advertisement and g (PEC120029) Applicant: Town of Vail Planner: Warren Campbell that said newspaper has published the requested legal notice The information the and advertisement as requested. applications and about propos- als are available for public inspection during office hours at the Town of Vail Community Develop- ment Department, 75 South Frontage Road. The public is invited to attend site visits. Please call The Vail Daily is an accepted legal advertising medium, 970-479-2138 for additional information. onlyfor jurisdictions operating under Colorado's Home li g Sign language interpretation is available upon re- quest, with 24-hour notification. Please call Rule provision. 970-479-2356, Telephone for the Hearing Im- paired, for information. Published in the Vail Daily July 27, 2012. [8197056] That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 7/27/2012 and that the last publication of said notice was dated 7/27/2012 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 07/31/2012. General Man ager/Publisher/Editor Vail Daily Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 07/31/2012. 2mg-& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 �pRY PUe/ ' PAMELA J. SCHULTZ 9�� COt-SRP$ My Commismn Expires 11/0112015 rowx of va PLANNING AND ENVIRONMENTAL COMMISSION August 13, 2012 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road W. - Vail, Colorado, 81657 **Order and times of agenda items are subject to change** Members Present Members Absent Susan Bird Luke Cartin Michael Kurz Bill Pierce Henry Pratt John Rediker Pam Hopkins Site Visits: 1. Upton Residence- 4192 Columbine Way 20 minutes 1. A request for the review of a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto. (PEC120027) Applicant: Anne Upton, represented by Pierce Architects Planner: Bill Gibson ACTION: Tabled to August 27, 2012 MOTION: Cartin SECOND: Bird VOTE: 3-1-1 (Kurz opposed, Pierce recused) Commissioner Pierce recused himself from this item because his firm is representing the applicant. Bill Gibson gave a presentation per the staff memorandum. Commissioner Pratt disclosed that he made a bid for this project, but did not receive the contract. He also disclosed that he is working on other development projects with the legal staff of the applicant; however, there is no financial benefit that would require him to recuse himself. Tyson Dearduff, representative of the applicant, stated Bill Gibson did a great job outlining the project and that he was available for comment. Kerry Donovan, homeowner at adjacent Bighorn Condominiums, Units 5 and 6, was speaking on behalf of herself and her brother who owns Units 3 and 4. She stated that she lives directly to the south of the subject property. She stated her two primary concerns are that snow storage currently occurs in the proposed driveway location and that the design of the driveway will result in headlights shining into her building, specifically into the primary bedrooms. She had also heard that the parking spaces, while not for a full time resident, were being offered for rent to neighboring full time residents. Diana Donovan, also an owner in the Bighorn Condominiums, stated that the applicant's existing building is in an existing setback. The proposed garage will only be 5.5 feet from the property line, with less distance counting the overhang. She stated the snow storage will suffer, the Page 1 headlights will shine into the adjacent buildings, and that granting a variance will be special privilege because no other unit has been granted a variance this impactful. She noted that there are other locations for this garage on the site that would be more conforming with setbacks than this proposal. She believes most variances have been granted to keep families in town and this is a second homeowner, and this unit is a former duplex that was combined into a single-family residence, thus removing the setbacks thru the middle of the house. She stated that there are better locations for the garage that don't require a variance. The negative impacts of headlights will hit directly into the adjacent units. She stated no practical difficulty exists for this property and this would be a grant of special privilege. She added that landscaping has been installed within the parking easement. She identified the owners of the Bighorn Condominiums building that were present in the Council Chambers. Tom Fowler, one of the directors of the Bighorn Recreation and Sanitation Mutual District, stated his concern. He also expressed concern about impacts of the proposal to the adjacent Bighorn Condominiums. He said the directors had a meeting and came to the conclusion that Ms. Upton had revised her original proposal in response to their input. There are still concerns from the directors, but the effort made could be accommodated. He believes there were a few items that should have been agreed upon by the applicant and the district before the PEC hearing, including locations for snow storage. He commented that he had great respect for Ms. Upton's deceased father, an original developer of Bighorn Terrace and former resident of the subject property, and wanted to maintain an amicable relationship between neighbors. Wendy St. Charles, attorney with Sherman & Howard, representative of the applicant, stated she wanted to clarify the organizational aspect of the Bighorn Recreation and Sanitation District and that there is no legal home owners association. The district was formed in the 1960s for the larger Bighorn subdivision which includes single-family residences, multi family and duplexes. She explained that there is no common property, no legal documents, and no legal rights between owners at Bighorn Terrace. She added that snow storage will not be permitted on the Upton property as it is not an approved snow storage location and has damaged her clients landscaping. She noted that parking is a chronic problem with seven units at the end of the cul- de-sac, with two cars each, and only seven available common parking spaces. Wendy St. Charles added that it is an older neighborhood that does not comply with zoning. The site is large and could accommodate a garage but to save existing parking, they proposed this proposal. She explained why other scenarios would not work for the neighbors, hence the proposed location. Commissioner Cartin asked about the requirements of the driveway and maintenance of the common property. Wendy St. Charles responded that the covenants were recorded with the entire Bighorn subdivision in mind. There was no association created at Bighorn Terrace. Commissioner Cartin asked who maintains the driveway. Wendy St. Charles stated there are no assessments and no authority to assess. There is a smaller group that collects money to pay for paving. Commissioner Cartin asked where the parking is for the skate house. Wendy St. Charles responded that the parking. Kerry Donovan clarified that parking for the skate house is located on the west end of the Bighorn Condominium's parking lot. Page 2 Tom Fowler stated that the homeowner association is formalized, pays taxes and has annual meetings. He said the name was chosen because the fire station site was originally the location of the subdivision's septic tank. He said it is not a loose disorganized area, and that it is formalized. If there are problems for owners on the side facing Columbine Drive, the owner calls him. He asked where the other Bighorn Terrace unit is located with a garage. Wendy St. Charles responded Kathryn Benysh's house, Units 7 & 8. Tom Fowler added an existing portion of the that building was converted into a garage, rather than a garage addition being built. Tyson Dearduff added some information about how the proposal came about due to the site constraints and concerns from the neighbors. Commissioner Kurz asked how the garage is connected to the existing house. Tyson Dearduff responded that the garage was connected at its walls, but with no interior connection. There is an outside door proposed for the garage. Wendy St. Charles added that there have been no amending documents to the original district, which is why there have been challenges to governance. Commissioner Pratt asked about the parking easement. Wendy St. Charles stated that the plat for Bighorn Terrace only dedicates the access and utility easements for the driveway. She added that the parking easements have improvements built upon them throughout numerous properties Bighorn Terrace. Commissioner Pratt asked about the easement again, and whether the area is binding. Wendy St. Charles stated that the easements were not dedicated. She added that there has been no consistent treatment of these areas. The association proposed to amend the parking areas to create real easements, but have not formally done so yet. Commissioner Bird asked about the utility easement and whether it is recorded. Wendy St. Charles stated it is dedicated on the plat. Linda Moore, owner in the area adjacent to the proposed property, stated there was an agreement in the 19808's with the association to pave certain dedicated parking easement areas and at that time, everyone gave up a portion of their private property. More recently, in 2007, the Community Development Department suggested that the association file a survey with the town to show the paved areas. Bill Gibson stated the survey from the Town's archives was in the packet, but the association's meeting minutes were not included. He clarified that private association agreements are not germane to the Town's zoning regulations. Diana Donovan noted that the neighborhood was a legal mess. She stated that the parking map shows the paved areas, property lines, etc showing each lot has some paved areas. She added some clarification for other areas. Commissioner Kurz agreed that the neighborhood was a legal mess. He stated there is an issue with making the nonconforming situation worse, and that could potentially be a grant of special privilege. He added that section 12-1-2, purpose, provides concern because the garage does not provide adequate light for the neighbors. He was concerned about firefighting access, Page 3 utilities, vehicular turning, light, and character of the neighborhood. He said it's using a shoehorn to put this garage on the property. Commissioner Bird recommended another design for this project be considered. She added that it's too vague as to who is responsible for what maintenance and that the whole association needs to take a hard look at these issues and solve them. She stated she is not in favor of the proposal due to the removal of mature trees and lack of integrity for the neighborhood. She added there is no interior door to the house from the garage, so it could be moved elsewhere, closer to the current front entrance of the house. Tom Fowler added that Ms. Upton will heat the driveway which will help the snow storage situation. Commissioner Kurz stated that is not being considered in the deliberation. Wendy St. Charles stated there is no way for the owner to get into their door because other owners are parking in the adjacent parking spaces. She added that the owner is adding parking and gets one more owner off the shared parking. She added that the zone district is supposed to have covered parking and there is only one covered parking space in the whole neighborhood. She identified how the current parking is an access problem that could potentially result in a huge human safety issue. Linda Moore stated she has come home without the ability to park immediately adjacent to her home. While inconvenient there is not ownership of each parking space. The issue Ms. Upton faces is no different than other owners. Wendy St. Charles stated the difference between Ms. Moore and Ms. Upton's situations were different, with Ms. Upton's front door being blocked by neighbor's cars so that she couldn't enter her house. Tyson Dearduff stated the reasons a garage could not be attached in other locations due to the interior layout of the house. Commissioner Cartin stated that the existing building on the south side complies with setbacks today. When previous variances have been reviewed, the light, air, etc. criteria are typically reviewed with just a few units not so close. He applauds Ms. Upton for her taking on this parking problem, but there are many other issues that also need to be addressed. The exact layout of the garage and the hammerhead driveway adjacent to another property are concerning. He's not opposed to a garage, but to this design for the garage. Commissioner Pratt asked where the reduction would take place to reduce the garage to 300 square feet. Tyson Dearduff explained the proposed garage could be 2 feet narrower (13 feet instead of 15 feet) and 2 feet shorter (23 feet instead of 25 feet) to reduce its size to 300 square foot. Commissioner Pratt asked Bill Gibson what other town policies comes into play. Bill Gibson stated the Town does not govern how the parking at Bighorn Terrace operates, but the Town has a long standing has a policy to encourage enclosed parking. He added that new enclosed parking will need to be balanced with other factors such as impacts to the neighbors, light and air, existing trees, etc. Commission Pratt added the building to the south is not shown on the submitted site plan. He asked who the existing utility easement and power lines serve. Tom Fowler commented that the Page 4 power lines serve all the Bighorn Terrace units. Linda Moore stated there are three transformers are on the property, but they could not move them. Commissioner Pratt added that if there is an easement of 20 feet, if so it would impact numerous properties. Commissioner Pratt asked whether new trees are being proposed. Bill Gibson stated that there is no specific ratio required by the Town Code, but the Design Review Board's policy is typically a foot -for -foot when possible. The applicants have not yet submitted a design review application and are not showing any tree replacement on the site plan for the variance. Commissioner Pratt asked if the 9x19 parking space will be reserved for the applicant. Wendy St. Charles stated the existing space adjacent to the proposed driveway will continue to be common. Commissioner Bird requested clearer plans be submitted Commissioner Pratt stated this is a conflict between personal property rights and historic use. He noted his support for a garage, but not as designed. He added that the criteria for a variance have not been met because of the impacts to the neighbors, light and air are too great. He recommended the applicant revise the garage design. He asked the applicant if they would like to be tabled the application or have the Commission vote on the proposal as submitted. Wendy St. Charles requested that this item be tabled to a future hearing. Commissioner Pratt clarified the Commission's expectation that if tabled the application would be revised. Wendy St. Charles asked for design direction from the Commission. Commissioner Pratt stated the redesigned with less impact to the neighbors' property to the south, and that as currently submitted the design does not meet the criteria for a variance. Commissioner Kurz stated his opposition to the motion because the encroachments to the south will overcrowd the area. He commented that the neighborhood needs to deal with parking and Ms. Upton needs to have access to her house. 20 minutes 2. A request for the review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for public utility and public service uses (equipment room for communications equipment), located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (PEC110032) Applicant: Town of Vail, represented by Crown Castle Planner: Rachel Dimond ACTION: Approved with condition(s) MOTION: Kurz SECOND: VOTE: 5-0-0 Rachel Dimond gave a presentation per the staff memorandum. Glen Bernard, from Crown Castle, stated he did not have anything further to add. The Commissioners asked that the staff ask the Design Review Board pay specific attention to the faux tree treatment. Page 5 15 minutes 3. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Chapter 12-22, View Corridors, Vail Town Code, to allow for the maintenance of adopted view corridors impacted by vegetation, and setting forth details in regard thereto. (PEC120029) Applicant: Town of Vail Planner: Warren Campbell ACTION: Recommendation of Denial MOTION: Kurz SECOND: Cartin VOTE: 5-0-0 Warren Campbell gave a presentation per the staff memorandum. Commissioner Cartin noted his opposition to the proposal. He believes this proposal is counter to the Town's policies. Visitors to Vail appreciate natural vegetation. The trees protect the health of the creek and screen lesser desirable elements from view. Commissioner Kurz agrees with Cartin and believes natural mature vegetation is what makes Vail, Vail and not the buildings. He believes views from the parking deck should include trees. Visitors need to walk through Town and access the mountain to experience Vail. He felt that this was an environmental issue and not a DRB issue as trees are a part of the environment. Commissioner Bird agreed with Cartin and Kurz. Commissioners Pierce and Pratt had no comment. Commissioner Kurz made a motion to forward a recommendation of denial. Commissioner Pierce clarified the proposed language allows landscaping modifications to be discussed. Commissioner Pierce asked for clarification about who an applicant could be? Warren Campbell clarified that it would likely be the Town of Vail, but it could be a co -applicant with some private property owners. The adopted viewpoints begin on public property, but the encroaching vegetation could be located on private property. 60 minutes 4. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, to require restoration of watercourses and riparian areas, and setting forth details in regard thereto. (PEC120011) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Tabled to August 27, 2012 MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 (Pierce departed during this item) Siri Roman with Eagle River Water and Sanitation District made presentation about the current health of Gore Creek, the factors affecting creek health, and opportunities to improve the creek health. Commissioner Kurz asked how often the creek is measured. Page 6 Linn Brooks of Eagle River Water and Sanitation District clarified that sampling is conducted twice per year. Commissioner Kurz identified the need for long term planning and an improvement plan to address the creek given the short term changes in climate such as flooding last year and drought this year. He asked if he will see bugs in the creek during his lifetime. Linn Brooks noted that some changes, such as pollutants, can be address in a short time frame, but other issues are longer term. Commissioner Pierce departed. Kristen Bertuglia, Community Development Department and Tom Kassmel, Public Works Department, presented an overview of action taken, and not taken, by the Town of Vail to address creek health. Tom Kassmel described the ongoing maintenance of creek outfalls. He also discussed storm water run-off issues and the various Town stream back restoration projects. Kristen Bertuglia described road sand/cinder and de-icer use and clean-up. She described the Town's weed and pine beetle spraying operations. Commissioner Byrd asked who regulates the sedimentation from the Matterhorn Bridge project. Tom Kassmel described how some sedimentation will occur, but it is managed within Army Corp of Engineers standards. Commissioner Byrd asked why the creek is not allowed to return to its natural state east of the International Bridge. She added that the Town mows that property while we want homeowners to stop mowing and the same type of maintenance. Kristen Bertuglia stated that public use areas should be concentrated and limited to avoid the entire stream tract being trampled. Commissioner Pratt asked how mag -chloride can be mitigated and how to convince CDOT to use less. Tom Kassmel noted that CDOT has been using less, but has no policies to his knowledge to stop its use. Commissioner Kurz asked if it is measured so its impacts to the creek can be measured. Lynne Brooks noted that an increase in chlorides has been measured in the creek as more mag - chloride is used more often as a de-icer. Commissioner Kurz noted the safety need for mag -chloride, but is concerned about its impact to the creek. Commissioner Pratt asked if certain plant species could mitigate the salt. Commissioner Cartin asked for additional details about the Town's oil/sand separators and how they are or aren't regulated. Tom Kassmel provided the specific information Page 7 Commissioner Cartin also asked about the volume of cinders used and the exploration of alternative materials. He noted that cinders specifically are detrimental to trout spawning beds He also asked for an update on the State's 303D listing of Gore Creek. Kristen Bertuglia noted that the entire creek is provisionally listed. Kristen Bertuglia and Tom Kassmel described stream bank stabilization projects. Brian Kessler, Town of Vail environmental intern, described the Town's public outreach and education programs conducted this summer. Kristen Bertuglia described the Town's involvement with River Watch monitoring program and other projects such as upcoming sustainable building codes. Commissioner Cartin asked if the Town will be giving away trees again this year. Kristen Bertuglia noted that Trees for Vail will be held again this fall. Commissioner Kurz asked what other organizations and governmental bodies are contributing to funding. Kristen Bertuglia identified the Town's current financial partners Scott Todd, Vail Recreation District, described the Vail Golf Course management practices for protecting Gore Creek. He described the methods used to prevent nutrient and chemical inputs into the creek. He noted that they also test Gore Creek chemical and dissolved solids levels three times per year to monitor any impacts to the creek. He described numerous operational components such as the fertilizer/irrigation system, equipment wash stations, snow management guidelines, tree spraying policies, and stream back stabilization and erosion control projects. He also discussed flooding issues and future drainage/storm water run-off projects at the golf course. He also discussed the golf course pond system. He identified the partner organizations involved with water quality at the golf course. Commissioner Pratt asked where the irrigation water is obtained during drought years like this summer. Scott Todd described the current system of obtaining water from Gore Creek. Commissioner Cartin asked how the pond algae are managed. Scott Todd described the current management practices. Commissioner Cartin asked if the VRD has pursued specific environmental certifications. Scott Todd clarified that they are certified by the Audubon Society and maintain those certifications. Commissioner Cartin asked about the availability of the water testing results. Scott Todd described opportunities for additional information sharing with other agencies/interest groups. Commissioner Cartin noted concerns about the straight stretches of Gore Creek along the frontage road and opportunities for the Town and the golf course to jointly improve the creek habitat in this area. He asked for additional information about the state 303D listing. Page 8 30 minutes 5. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to allow for amendments to Title 12, Zoning Regulations, to amend the development review process, and setting forth details in regard thereto. (PEC120010) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Tabled to August 27, 2012 MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 6. A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for amendments to the employee housing unit deed restriction exchange program review process, and setting forth details in regard thereto. (PEC120017) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to September 10, 2012 MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 7. Approval of July 23, 2012 minutes ACTION: Approved MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 8. Information Update An update on the Vail Village Townhouse District was provided. 9. Adjournment MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published August 10, 2012, in the Vail Daily. Page 9 0 rowN OF vain Memorandum To: Planning and Environmental Commission From: Community Development Department Date: August 13, 2012 Subject: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, to require restoration of watercourses and riparian areas, and setting forth details in regard thereto. (PEC120011) Applicant: Town of Vail Planner: Rachel Dimond PURPOSE The purpose of this work session is to provide background information on Gore Creek's water quality and general health issues. Representatives from the Town of Vail, Eagle River Water and Sanitation District and the Vail Golf Course will make presentations related to this topic to provide background information for future discussions on potential regulations that will lead to the improvement of Gore Creek's water quality and overall health. As this is a work session, Staff requests the Planning and Environmental Commission listen to the presentation, ask any pertinent questions and provide input. Further, Staff requests this item be tabled to the September 10, 2012 hearing. II. BACKGROUND The following problem statement provides a summary of the general issues that have led to this discussion: Problem Statement: Throughout the Town of Vail, property owners have made improvements and/or disturbed watercourses and riparian areas on and adjacent to their property, which impedes these sensitive areas' ability to provide habitat to wildlife, filters for storm water run-off, and streambank stabilization. The degradation of watercourses and riparian areas, in part by human disturbances, has led to the degradation of Gore Creek and its tributaries, which in turn has caused the State of Colorado to deem Gore Creek impaired. As part of the Environmental Sustainability Strategic Plan, adopted in 2009, the Vail Town Council identified protection of the natural environment as a top priority for immediate and future efforts. Focused on sustainability and reducing our impact on the environment, the Council is committed to continuous improvement of our environmental practices by promoting ecosystem protection and a campaign for community awareness and education. The reach of Gore Creek flowing through Vail has been subjected to numerous disturbances over the past 30 years including increased encroachment into the public stream tracts. Over the past couple of years, efforts, including visual assessment of properties adjacent to town -owned stream tracts along Gore Creek from Vail Village Filing 11, just east of the golf course spanning west to Cascade Village, have been made to investigate possible encroachments into town -owned stream tracts. These inspections have identified numerous properties that have apparently undergone some form of modification or encroachment onto these sensitive riparian areas including, but not limited to: landscaping town -owned riparian property; building decorative planters; using the areas for recreational seating; or, in more severe cases, building structures, such as a basketball court, on these town -owned properties. In some instances, Staff has been able to work with owners to mitigate encroachments at numerous properties, resulting in restoration of the stream tract closer to its natural state; however, these issues have been resolved in only a few instances. Previously, Staff was unable to accurately identify the boundaries of existing publicly - owned stream tracts along Gore Creek and its primary tributaries which present difficulties in enforcement of every encroachment into public stream tracts. This particular aspect of management practice will be critical for improving and protecting the future stream health conditions of Gore Creek, thus maintaining Vail's Gold Medal Trout status which, in turn, sustains our summer fishing tourism economy. Staff realized that a professional land survey needed to be conducted on specific public stream tracts along Gore Creek and its primary tributaries resulting in the accurate and indisputable identification, regulation and legally defensible pursuit of compliance of encroachment issues. Such a survey for specific portions of public stream tracts was performed and has been a great resource to the Town since Staff would have a clearer understanding of public stream tracts in relation to possible encroachments as they are recognized. On October 6, 2009, Town Council adopted a "zero tolerance" policy for allowing illegal private encroachments on town -owned stream tract lands and instructed Staff to pursue removal of all encroachments. In January 2010, letters were sent to all properties adjacent to Town -owned streamtract detailing the need to protect the creek and remove all illegal encroachment onto Town property. Town of Vail Page 2 In June 2010, letters were sent to 28 property owners and 3 encroachments were resolved through Staff interaction with adjacent homeowners. However, this process was halted with the onset of early winter conditions and resumed in early 2011. During the summer of 2011, letters were sent to 43 property owners identified as having encroachments onto town owned streamtracts. Of these 43 properties, 30 property owners agreed to remove encroachments, which were confirmed by Town Staff. One property owner received Town Council approval to have Town of Vail remove encroachments (Lapin Residence, which will have bridge and retaining walls removed this summer, pending Army Corps of Engineers approval). Staff is working with the Town Prosecutor to prosecute one property owner, who has a basketball court crossing onto town owned streamtract. Staff is continuing to evaluate encroachments as further site visits are conducted and aerial photos are analyzed. The Colorado Department of Public Health and Environment (WQCD), Water Quality Control Division (WQCC) on December 6, 2012, added the portion of Gore Creek from Black Gore Creek to the Eagle River (Dowd Junction) to Colorado's Section 303(d) list of impaired waters for aquatic life use (provisional). The provisional listing of Gore Creek means that the cause of impairment is not known. The WQCC decided to add all of Gore Creek (within the town limits) to the 303(d) list in order to require additional studies to identify potential stressors to aquatic life that could cause impairment. The listing for aquatic life use is based on a new methodology for determining the health of a river using aquatic macro invertebrate (bugs) population characteristics. Failing bug scores are indicative of long-term health of Gore Creek, poor aquatic life is the precursor to the decline of the "Gold Medal" fishery in Gore Creek. WQCD and the Division will continue to work with the Town and the Eagle River Water and Sanitation District to determine the causes of this impairment. A Water Quality Improvement Plan was initiated, with preliminary findings summarized as follows: Aquatic life stressors • Loss of riparian habitat and buffer zones (strongly associated with loss of bug populations and diversity) • Landscaping extends to the stream in many locations Buildings, roads & other improvements within riparian zone Use of pesticides and herbicides • Pine bark beetle • Pine needle scale • Weed control (lawns and gardens) Stream habitat disturbance Town of Vail Page 3 • Eroding stream banks due to loss of natural soil binding vegetation • Natural stream banks replaced by riprap walls and slopes • Stream channelization • Frequent construction disturbance Storm Water and Urban Runoff • Street and parking area drainage piped directly to stream • Roof drains and subterranean dewatering discharges • Lawn irrigation return flows (fertilizer and herbicides) • Snowmelt factors (mag chloride) As part of a discussion on Gore Creek's impaired status designation, the Vail Town Council directed Staff to move forward with proposing regulations that will result in improvement to Gore Creek's health. Removing encroachments from Town -owned streamtracts is just one step in the Town's efforts to improve the health of Gore Creek and its tributaries. While the Town has been able to identify a number of encroachments on public property, these are just a few of the many built improvements impacting the health of Gore Creek and its tributaries. The Vail Town Code includes a watercourse setback requirement as follows: 12-14-17: SETBACK FROM WATERCOURSE: Minimum setback from a creek or stream shall be not less than thirty feet (30) from the center of the established creek or stream channel as defined by the town comprehensive plan base maps, provided, however, that the setback from Gore Creek shall be fifty feet (50). Natural creek or stream channels may not be rechanneled or changed. While this setback requirement prohibits buildings, it does not address landscaping or existing encroachments in the watercourse setback. Decks and patios within five feet of grade are permitted to encroach up to 10 feet into the watercourse setback. Further, the setback from watercourse sometimes does not reach the edge of creek in wider parts of Gore Creek, resulting in no real setback from the creek itself. Though the Town has identified improvements on public property, private property owners install sod and mow their grass up to the edge of the creek and other watercourses. The removal of vegetation has occurred over many years, and has impacted watercourses and riparian areas' ability to stabilize the streambank, provide habitat for wildlife, filter storm water, and as a result, is believed to be one of the reasons Gore Creek has been deemed "impaired" by the State of Colorado. The Town must act to improve the health of Gore Creek, its tributaries and riparian areas. Town of Vail Page 4 The following pictures show degradation of streamtracts and riparian areas: V. NEXT STEPS Staff recommends the Planning and Environmental Commission listens to the presentation, ask any pertinent questions, and provide input. Staff further requests the PEC tables this item to the September 10, 2012 public hearing for further deliberation. Town of Vail Page 5