HomeMy WebLinkAbout2015-0427 PECTOWN OF VAIL
PLANNING AND ENVIRONMENTAL COMMISSION
April 27, 2015 at 1:00pm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
Swearing In of new PEC Member, Brian Gillette
Site Visit:
1. 2754 Snowberry Drive
30 minutes
1. A request for a variance from Section 14-3-1, Table 1, Minimum Standards, Vail Town Code,
pursuant to Section 14-1-5, Variances, Vail Town Code, and in accordance with Section 12-17,
Variances, Vail Town Code, to allow for a residential driveway to exceed the permitted maximum
centerline grade, located at 2754 Snowberry Drive / Lot 15, Block 9, Vail Intermountain and
setting forth details in regard thereto. (PEC150009)
Applicant: Mike Dantas, represented by Mauriello Planning Group
Planner: Joe Batcheller
ACTION:
MOTION: SECOND: VOTE:
CONDITIONS:
90 minutes
2. A request for final review of a Conditional Use Permit condition of approval, pursuant to Section
12-9C-3, Conditional Uses, Vail Town Code, to determine the employee generation and
mitigation rate for the Vail Valley Medical Center healthcare facility, located at 181 West Meadow
Drive and 108 South Frontage Road West (Vail Valley Medical Center)/Lots E, F, and 10 Vail
Village Filing 2, Lot 2E, Block 1, Vail Lionshead Filing 1 and Lot D-2, A Resubdivision of Lot D,
Vail Village Filing 2 (PEC150012)
Applicant: Vail Valley Medical Center, represented by Braun Associates
Planner: Nina Timm and Warren Campbell
ACTION: Table to May 11, 2015
MOTION: SECOND: VOTE:
3. A request for the review of an amendment to a Conditional Use Permit, pursuant to Section 12-
9C-3, Conditional Uses, Vail Town Code, to amend the approved development plan for the
private school to establish the appropriate dimensional standards for a proposed employee
housing unit (Headmasters House), a permitted use in the General Use (GU) Zone District,
located at 3000 Booth Falls Road/Lot 1, Vail Mountain School, and setting forth details in regard
thereto. (PEC150011)
Applicant: Vail Mountain School, represented by Mauriello Planning Group
Planner: Jonathan Spence
ACTION: Table to June 8. 2015
MOTION: SECOND: VOTE:
Page 1
4. A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code,
pursuant to Chapter 12-17, Variances, to allow for the construction of a garage within the front
setback within the Two -Family Primary/Secondary Residential zone district, located at 1755
West Gore Creek Drive/Lot 6, Vail Village West Filing 2, and setting forth details in regard
thereto (PEC150013).
Applicant: Hill Run Limited, represented by Beth Levine Architect
Planner: Joe Batcheller
ACTION: Table to June 8, 2015
MOTION: SECOND: VOTE:
5. Approval of April 13, 2015 minutes
MOTION: SECOND: VOTE:
6. Information Update
7. Adjournment
MOTION: SECOND: VOTE:
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. Times and order of items are
approximate, subject to change, and cannot be relied upon to determine at what time the Planning
and Environmental Commission will consider an item. 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 April 24, 2015 in the Vail Daily.
Page 2
TOWN OF VAIN PLANNING AND ENVIRONMENTAL COMMISSION
April 27, 2015 at 1:00pm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Henry Pratt Dick Cleveland
John Rediker Kirk Hansen
Brian Gillette
Webb Martin
John Ryan Lockman
Swearing in of new PEC Member, Brian Gillette
Due to the absence of two Commission members the members present passed a motion to delay
the appointment of a Chairman and Vice -chair to the May 11, 2015, public hearing.
ACTION: Table election of Chair and Vice -chair to May 11, 2015
MOTION: Rediker SECOND: Martin
VOTE: 5-0-0
Site Visit:
1. 2754 Snowberry Drive
30 minutes
A request for a variance from Section 14-3-1, Table 1, Minimum Standards, Vail Town Code,
pursuant to Section 14-1-5, Variances, Vail Town Code, and in accordance with Section 12-17,
Variances, Vail Town Code, to allow for a residential driveway to exceed the permitted maximum
centerline grade, located at 2754 Snowberry Drive / Lot 15, Block 9, Vail Intermountain and
setting forth details in regard thereto. (PEC150009)
Applicant: Mike Dantas, represented by Mauriello Planning Group
Planner: Joe Batcheller
ACTION: Approved with a condition(s)
MOTION: Martin SECOND: Lockman VOTE: 4-1-0 (Rediker opposed)
CONDITIONS:
1. Prior to requesting a rough driveway grade inspection, the applicant shall submit
revisions to the issued building permit, for review and approval by town staff,
identifying that the portions of the access road/driveway to the east unit which exceed
10% in grade will be heated via a snow melt system and boiler.
Planner Batcheller provided an overview of the request and the background associated with it.
He spoke to the criteria and staff's findings regarding each. He spoke to several potential
negative impacts created by steeper driveways as identified by the Public Works Department.
Commissioner Rediker inquired as to how the application is a "driveway". He sees this as the
town granting access across/through the right-of-way and the applicant is merely paving a
portion of the right-of-way. He does not feel the variance is necessary as access in the right-of-
way to a platted lot is at issue. The grade within the right-of-way is an issue for the town not the
applicant.
Page 1
Commissioner Pratt spoke to the aerial map and the depiction of the road going farther to the
east and the road was not constructed to its full extent of the platted right-of-way. Why was the
road not built pursuant to town standards for the entirety of the right-of-way.
Commissioner Lockman inquired into the Public Works suggestion to the heat the portion of the
access within the right-of-way. Was Public Works' proposed condition regarding heating the
driveway included in the proposed motion?
Batcheller spoke the concern that equity was not achieved by requiring an applicant to heat that
portion of access within the right-of-way. No the condition requiring heating was not included.
Commissioner Martin spoke to the utility road—that it is a road and not driveway. Would the
applicant be required for maintaining the road beyond plowing or would the town be responsible
for paving.
Tom Kassmel, Town Engineer, spoke to what is being proposed is a driveway. Today it is a
utility access road. This area was annexed into the town and the previous developer chose not
to continue the construction of the road through the extent of the right-of-way. There are no
standards to a utility access road. There are requirements for a private street, but this is not
considered a private street. There should not be an expectation that a utility company would
need to grade their access to meet town standards. The recommendation for a condition to heat
the driveway is a result of the grade exceeding the maximum allowed 12% heated grade
permitted in the remainder of town. He spoke to the number solutions explored to minimize or
eliminate the need for a variance. This request is a for a driveway and Public Works would
recommend that the variance should be from 12% to 15% for a heated driveway. He spoke to
the requirement for a revocable permit required for all driveway improvements in the town.
Warren Campbell asked Joe Batcheller to zoom out and show the extents of the water tank lot
and inform everyone of its zoning.
Batcheller showed the full extents of the lot and informed the group that the property was zoned
two-family primary secondary.
Commissioner Gillette inquired as to the design of the driveway on the private property and if in
fact a variance would be in perpetuity for the property as Tom Kassmel stated in his
presentation. Tom clarified that a variance would not be in perpetuity if the structure was
demolished.
Webb Martin asked how snow storage worked for the site and if it complied. Planner Batcheller
said it does comply and showed the designated areas on the site plan.
Commissioner Pratt asked if Mr. Dantas had a presentation
Mike Dantas, applicant, spoke to the town's responsibility to protect the owner of property
adjacent to the right-of-way by requiring the utility access to meet the current standards in 2007
thus avoiding the need for this discussion. He has designed a home which meets the standards
and there are impacts to other designs and other designs had impacts to address such as the
fire hydrant. The town erred in 2007 when the water district was not required to construct a
compliant access to the tank. He does not understand why his request is being considered a
driveway.
Martin spoke to he understanding of the request and the evidence and testimony. He felt Staff's
recommendation was appropriate.
Page 2
Commissioner Rediker did not see the portion of the access road in the right-of-way as a
driveway. He sees the application as a request to pave the right-of-way to provide access to his
property. He feels the application is not appropriate and the issue should be addressed in a more
appropriate manner.
Commissioner Lockman felt the history provided by the Town Engineer was beneficial. He
highlighted that he did not feel it should be required to be snow melted.
Commissioner Gillette felt the role of government is to help its constituents. He agreed it should
not be required to be heated. He felt the application at hand was appropriate to resolve the
question. The application should be acted upon.
Commissioner Pratt agreed initially with Rediker's view point that the application was more as a
request by the town for a road. He does feel a heated driveway is appropriate for an increase in
from 10% TO 15%. He is not sure this is the applicant's burden to bear. The portion of road in
the right-of-way does not meet current standards.
Commissioner Gillette inquired as to future anticipated repair and necessary access to the water
tank.
Tug Birk, represented the Eagle River Water and Sanitation District, spoke to the action taken by
ERWSD when the improvements cause damage to private improvements easement verses
right-of-way. He added that in 2007 when the water tank improvements were installed the water
line under the portion of right-of-way was not replaced or changed.
Batcheller and Kassmel clarified the scope of work associated with the 2007 water tank work.
Dantas reiterated that it was his belief that the scope for the ERWSD project in 2007 should have
been required to bring the road into compliance at that point in time.
Commissioner Martin made a recommendation to approve the application with a condition.
2. A request for final review of a Conditional Use Permit condition of approval, pursuant to Section
12-9C-3, Conditional Uses, Vail Town Code, to determine the employee generation and
mitigation rate for the Vail Valley Medical Center healthcare facility, located at 181 West Meadow
Drive and 108 South Frontage Road West (Vail Valley Medical Center)/Lots E, F, and 10 Vail
Village Filing 2, Lot 2E, Block 1, Vail Lionshead Filing 1 and Lot D-2, A Resubdivision of Lot D,
Vail Village Filing 2 (PEC150012)
Applicant: Vail Valley Medical Center, represented by Braun Associates
Planner: Nina Timm and Warren Campbell
ACTION: Table to May 11, 2015
MOTION: Martin SECOND: Redliker VOTE: 5-0-0
3. A request for the review of an amendment to a Conditional Use Permit, pursuant to Section 12-
9C-3, Conditional Uses, Vail Town Code, to amend the approved development plan for the
private school to establish the appropriate dimensional standards for a proposed employee
housing unit (Headmasters House), a permitted use in the General Use (GU) Zone District,
located at 3000 Booth Falls Road/Lot 1, Vail Mountain School, and setting forth details in regard
thereto. (PEC150011)
Applicant: Vail Mountain School, represented by Mauriello Planning Group
Planner: Jonathan Spence
Page 3
ACTION: Table to June 8. 2015
MOTION: Martin SECOND: Rediker VOTE: 5-0-0
4. A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code,
pursuant to Chapter 12-17, Variances, to allow for the construction of a garage within the front
setback within the Two -Family Primary/Secondary Residential zone district, located at 1755
West Gore Creek Drive/Lot 6, Vail Village West Filing 2, and setting forth details in regard
thereto (PEC150013).
Applicant: Hill Run Limited, represented by Beth Levine Architect
Planner: Joe Batcheller
ACTION: Table to June 8, 2015
MOTION: Martin SECOND: Rediker VOTE: 5-0-0
5. Approval of April 13, 2015 minutes
MOTION: Martin SECOND: Lockman VOTE: 3-0-2 (Gillette, Rediker abstained)
6. Information Update
Warren Campbell, Chief of Planning announced that he had accepted a position with the City of
Sedona Arizona and this would be the last PEC hearing he would be attending. He thanked the
PEC for their friendship and the work they had accomplished together over the years.
7. Adjournment
MOTION: Rediker SECOND: Martin VOTE: 5-0-0
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. Times and order of items are
approximate, subject to change, and cannot be relied upon to determine at what time the Planning
and Environmental Commission will consider an item. 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 April 24, 2015 in the Vail Daily.
Page 4
Ad Name: 11097842A
Customer: TOWN OF VAIL/PLAN DEPT/COMM
Your account number is- 1 OP2P 33
Vail Daily
PROOF OF PUBLICATION
STATE OF COLORADO }
}SS.
COUNTY OF EAGLE }
I, Don Rogers, do solemnly swear that I am a qualified
representative ofthe Vail Daily. That the same Daily newspaper
printed, in whole or in part and published in the County
of Eagle, State of Colorado, and has a general circulation
therein; that said newspaper has been published continuously
and uninterruptedly in said County of Eagle for a period of
more than fifty-two consecutive weeks next prior to the first
publication of the annexed legal notice or advertisement and
that said newspaper has published the requested legal notice
and advertisement as requested.
The Vail Daily is an accepted legal advertising medium,
only for jurisdictions operating under Colorado's Home
Rule provision.
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 I
consecutive insertions; and that the first publication of said
notice was in the issue of said newspaper dated 4/10/2015 and
that the last publication of said notice was dated 4/10/2015 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
04/21/2015.
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 04/21/2015.
� 2m.&& 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
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and
Environmental Commission of the Town of Vail will
hold a public hearing in accordance with section
12-3-6, Vail Town Code, on April 27, 2015 at 1:00
pm in the Town of Vail Municipal Building.
A request for a final review of a variance from Sec-
tion 12-6D-6, Setbacks, Vail Town Code, pursuant
to Chapter 12-17, Variances, to allow for the con-
struction of a garage within the front setback within
the Two -Family Primary/Secondary Residential
zone district, located at 1755 West Gore Creek
Drive/Lot 6, Vail Village West Filing 2, and setting
forth details in regard thereto (PEC150013).
Applicant: Hill Run Limited, represented by Beth
Levine Architect
Planner: Joe Batcheller
The applications and information about the 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
970-479-2138 for additional information.
Sign language interpretation is available upon re-
quest, with 24-hour notification. Please call
970-479-2356, Telephone for the Hearing Im-
paired, for information.
Published April 10, 2015 in the Vail Daily.
(11097842)
Ad Name: 11133391 A PLANNING AND ENVIRONMENTAL COMMIS-
SION
Customer: TOWN OF VAIL/PLAN DEPT/COMM ApriCOUN IL at CHAMBERS TOWN COUNCIL CHAMBERS
/ PUBLIC WELCOME
Your account number is- 1OP2P 33 75S. Frontage Road - Vail, Colorado, 81657
Vail Daily Swearing In of new PEC Member, Brian Gillette
Site Visit:
1.2754 Snowberry Drive
PROOF OF PUBLICATION 30 minutes
1.A request for a variance from Section 14-3-1, Ta-
ble 1, Minimum Standards, Vail Town Code, pur-
suant to Section 14-1-5, Variances, Vail Town
STATE OF COLORADO } Code, and in accordance with Section 12-17, Vari-
ances, Vail Town Code, to allow for a residential
1 ss driveway to exceed the permitted maximum center -
line grade, located at 2754 Snowberry Drive/ Lot
COUNTY OF EAGLE } 15, Block 9, Vail Intermountain and setting forth
details in regard thereto. (PEC150009)
Applicant: Mike Dantas, represented by Mauriello
Planning Group
Planner: Joe Batcheller
I, Don Rogers, do solemnly swear that I am a qualified ACTION:
MOTION: SECOND:VOTE:
representative ofthe Vail Daily. That the same Daily newspaper CONDITIONS: 90 minutes
printed in whole or in part and published in the County 2.A request for final review of a Conditional Use
Permit condition of approval, pursuant to Section
of Ea le State of Colorado and has a eneral circulation determine
Conditional Uses, Vail Town Code, to
g , , g determine the employee generation and mitigation
rate for the Vail Valley Medical Center healthcare
therein; that said newspaper has been published continuously facility, located at 181 West Meadow Drive and 108
South Frontage Road West (Vail Valley Medical
and uninterruptedly in said County of Eagle for a period of Center)/Lots E, F, and 10 Vail Village Filing 2, Lot
2E, Block 1, Vail Lionshead Filing 1 and Lot D-2, A
more than fifty-two consecutive weeks next prior to the first Resubdivision of Lot D, Vail Village Filing 2
(PEC150012)
Ppublication of the annexed legal notice or advertisement and Applicant: Vail Valley Medical Center, represented
g by Braun Associates
that said newspaper has published the requested legal notice Planner: Nina Timm and Warren Campbell
p q g ACTION:
and advertisement as requested. CONDI TIONSCOND:VOTE:
3.A request for the review of an amendment to a
Conditional Use Permit, pursuant to Section
The Vail Daily is an accepted legal advertising medium, 12-9C-3, Conditional Uses, Vail Town Code, to
amend the approved development plan for the pri-
only for jurisdictions operating under Colorado's Home vate school to establish the appropriate dimension-
alstandards for a proposed employee housing unit
Rule(Headmasters House), a permitted use in the Gen-
provision. eral Use (GU) Zone District, located at 3000 Booth
Falls Road/Lot 1, Vail Mountain School, and set-
ting forth details in regard thereto. (PEC150011)
Applicant: Vail Mountain School, represented by
That the annexed legal notice or advertisement was Mauriello Planning Group
Planner: Jonathan Spence
published in the regular and entire issue of every ACTION: Table to June 8.2015
MOTION: SECOND:VOTE:
number of said daily newspaper for the period of I 4.A request for a final review of a variance from
consecutive insertions; and that the first ublication of said Section 12-6DChapter
Setbacks, Vail Town Code, pue
p suant to Chapter 12-17, Variances, to allow for the
dated 4/24/2015 and construction of a garage within the front setback
notice was in the issue of said newspaper
within the Two-Family Primary/Secondary Resi-
dential zone district, located at 1755 West Gore
that the last publication of said notice was dated 4/24/2015 in Creek Drive/Lot 6, Vail Village West Filing 2, and
setting forth details in regard thereto (PEC150013).
the issue of said newspaper. Applicant: Hill Run Limited, represented by Beth
Levine Architect
Planner: Joe Batcheller
ACTION: Table to June 8, 2015
In witness whereof, I have here unto set my hand this day, MOTION: SECOND:VOTE:
5.Approval of13, 2015
04/24/2015. MOTION: SE OPNID:VOTE: minutes
6.Information Update
MOTION: SECOND:VOTE:
The applications and information about the propos -
General Man/Publisher/Editor are available for public inspection during -
gerlar lar office hours at the Town of Vail Communityy De-
velopment Department, 75 South Frontage Road.
Vail Daily The public is invited to attend the project orienta-
tion and the site visits that precede the public
Subscribed and sworn to before me, a notary public in and for hearing in the Town of Vail Community Develop-
ment Department. Times and order of items are
the County of Eagle, State of Colorado this day 04/24/2015. approximate, subject to change, and cannot be re-
lied upon to determine at what time the Planning
and Environmental Commission will consider an
item. Please call (970) 479-2138 for additional in-
formation. Sign language interpretation is available
upon request with 24-hour notification. Please call
(970) 479-2356, Telephone for the Hearing Im-
paired, for information.
Community Development Department
Published April 24, 2015 in the Vail Daily.
Pamela J. Schultz, Notary Public (11133391)
My Commission expires: November 1, 2015
�pRY PUe/
' PAMELA J.
SCHULTZ
9�� COt-SRP$
My Commismn Expires 11/0112015
0) ruwN oFvaiL
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 27, 2015
SUBJECT: A request for a variance from Section 14-3-1, Table 1, Minimum Standards, Vail
Town Code, pursuant to Section 14-1-5, Variances, Vail Town Code, and in
accordance with Section 12-17, Variances, Vail Town Code, to allow for a
residential driveway to exceed the permitted maximum centerline grade, located
at 2754 Snowberry Drive / Lot 15, Block 9, Vail Intermountain and setting forth
details in regard thereto. (PEC150009)
Applicant: Mike Dantas, represented by Mauriello Planning Group
Planner: Joe Batcheller
I. SUMMARY
The applicant, Mike Dantas, represented by Mauriello Planning Group, is requesting a
final review of a variance from Section 14-3-1, Table 1, Minimum Standards, Vail Town
Code, pursuant to Section 14-1-5, Variances, Vail Town Code, and in accordance with
Chapter 12-17, Variances, to allow for a driveway in excess of the maximum allowable
grades, located at 2754 Snowberry Drive / Lot 15, Block 9, Vail Intermountain and
setting forth details.
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 the Planning and Environmental Commission approves the applicant's
variance request, subject to the findings noted in Section VIII of this memorandum.
II. DESCRIPTION OF REQUEST
The duplex located at 2754 Snowberry Drive is zoned Two -Family Primary/Secondary
Residential, and is currently under construction (1314-0096). The applicant is requesting
approval of a driveway centerline grade variance to facilitate the construction of a new
driveway for the eastern dwelling unit.
The proposed driveway takes access from an existing utility access road that has a dirt
and gravel surface extending beyond the edge of asphalt at the end of Snowberry Drive.
The utility access road is used by Eagle River Water and Sanitation District (ERWSD)
for access to a water tank southeast and uphill from the duplex at 2754 Snowberry
Drive. The utility access road is within the Town right-of-way and does not comply with
the Town's public road grading standards. The applicant would like to pave a 70 foot
long portion of the utility access road past the point at which it intersects the east unit's
proposed driveway. It is this paved portion of the utility access road for which the
applicant would like a variance to exceed the maximum allowable grade. The portion of
the utility access road proposed for paving has a current grade of 15.53%. The finished
grade would be 15%, exceeding the maximum allowable unheated driveway slope of
10% by 5%. Approximately ten feet (10') of driveway lies entirely within the applicant's
property and would comply with Town engineering standards as proposed with a
finished grade of 4%.
A vicinity map (Attachment A), the applicant's request (Attachment B), the proposed
plan (Attachment C), Lot 14 Improvements Plan from 2007 (Attachment D), and site
photographs (Attachment E), have been attached for reference.
III. BACKGROUND
The subject property was subdivided in September 7, 1972, as part of Vail
Intermountain Development Subdivision, Block 9. It was annexed into the Town of Vail
on June 24, 1987, and was subsequently zoned Two -Family Primary/Secondary
Residential.
When Snowberry Drive was paved, the full extent of the right-of-way was not utilized.
Today, approximately 200 feet of additional Town -owned public right-of-way remains
unpaved from the terminus of the asphalt surface extending eastward. The unpaved
portion of right-of-way has been used as a utility access road by ERWSD since 1974.
In 2007, ERWSD replaced its water tank on the adjacent lot after receiving approval of a
conditional use permit on May 6, 2006 (PEC060031). The water main was also replaced
from the water tank down to the point where the utility access road meets Lot 14. The
new water main was connected to the water main that exists beneath the utility access
road. The existing water main is buried at a depth of approximately six and a half (6.5)
feet, which is based on a "pothole" completed last fall at a point where the utility access
road meets the end of pavement. A portion of the utility access road is within Town
right-of-way, and for that portion its grade ranges from 13.94% to 15.53%. In Staff's
2006 memorandum to the PEC, the utility access road was mentioned in the following
context:
"The access road that exists on the site will be used during construction.
During times of non -construction, the tank will also be accessed regularly;
by vehicle during the summer and on foot or via snowmobile during the
2
winter. The lot is moderately steep with —25% grades sloping to the
northwest, where the existing access road enters the site."
In retrospect, Staff believes a condition of that approval should have been included to
ensure the utility access road complied with Section 13-10-9A(9), Design Criteria,
Subdivision Regulations, Vail Town Code, which calls for a maximum grade of 9% for
private streets within Town -owned public right-of-way. Section 13-2-2, Definitions, Vail
Town Code, defines private streets as follows:
STREET, PRIVATE: Any street not dedicated to the public for purposes of
vehicular or pedestrian use.
The Town has not required utility access roads to comply to Section 13-10-9A(9) in the
past because Public Works staff does not consider utility access roads to be private
streets. This utility access road is unique, however, in that it is partially located within
Town -owned public right-of-way and serves as the access to existing platted residential
lots.
In a preliminary review meeting with staff from the Community Development and Public
Works Departments, Mr. Dantas expressed his desire for separate driveways for each
dwelling, as allowed per Section 14-3-1, Minimum Standards, Vail Town Code. The
presence of the ERWSD's infrastructure was known prior to final approval by the Design
Review Board; however, the assumed depth of which was based on speculation and
only confirmed after final approval. It was suggested by Town staff that a single shared
driveway would be advantageous for the construction of this lot in order to minimize the
impacts to the existing water line. It was also suggested that if a second driveway was
desired by the applicant that it would be best if that second driveway was 15-30' closer
to the cul-de-sac then as currently shown, again to minimize impacts to the water line.
The applicant had been presented with the possibility that the driveway as proposed
likely would not be able to be constructed according to plan without lowering the water
line and that the matter would need further investigation. Multiple discussions with
ERWSD and the Town ensued. On February 19, 2014, the applicant was granted
approval by the Design Review Board to construct a duplex with a grade of 8% for the
utility access road and driveway for the east dwelling unit with the condition that
ERWSD would need to approve the final design prior to construction.
Representatives from ERWSD have stated that the water main can be relocated, but
that the financial burden would fall upon the developer. The applicant has stated that
the cost of relocating the water main should not be his burden just because its current
depth will not allow for the utility access road to be regraded in compliance with Town
engineering standards. Staff agrees with the applicant, as physical constraints on an
adjacent property should not adversely affect the development rights of another.
A previous variance request was submitted on April 28, 2014, prior to issuance of a
building permit. It was withdrawn by the applicant six weeks later. In June of 2014, a
final building permit plan set was approved with a code compliant water line and
driveway design, along with approval from ERWSD.
3
IV. APPLICABLE PLANNING DOCUMENTS
Title 12, Zoning Regulations, Vail Town Code (in part)
CHAPTER 12-17. VARIANCES (in part)
12-17-1. PURPOSE.-
A.
URPOSE.
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 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.
Title 13, Subdivision Regulations, Vail Town Code (in part)
13-1-2. PURPOSE (in part)
B. Goals. 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.
These regulations also provide for the proper arrangement 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 traffic circulation, utilities, emergency access, drainage, recreation and
light and air. Also intended is the improvement of land records and surveys, plans
and plats and to safeguard the interests of the public and subdivider and provide
consumer protection for the purchaser; and to regulate other matters as the town
planning and environmental commission and town council may deem necessary in
order to protect the best interests of the public.
13-10-9. DESIGN CRITERIA (in part)
A. MAJOR POINTS.-
9.
OINTS.
9. STREET WIDTH. STREET WIDTH SHALL CONFORM TO THE FOLLOWING.-
1H
OLLOWING.
IH
V.
Class
ROW
Width
Paved
Width
Shoulder
Design
Speed
Max.
Grade %
Min. Curve
Radius
Future
ADT
Arterial
(Frontage
70
12'
per lane
8
50
6
650
750 and
over
Collector
50
24
4
40
7
250
300-750
Local
50
22
3
30
8
60
150-300
Minor
(Private)
40
22
2
30
9
50
0-150
Title 14, Development Standards, Vail Town Code (in part)
14-3-1: MINIMUM STANDARDS (in part)
TABLE 1: DRIVEWAY/FEEDER ROAD STANDARDS
Standard
Single -Family,
Multiple -Family
Multiple -Family
Two -Family,
- Access to 4 to 11
and Commercial
Primary/Secondary
dwelling units
- Access to more
- Feeder road only
than 11 dwelling
units and/or
commercial
properties
- Feeder road only
Maximum grade
10% unheated
9% unheated
9% unheated
centerline corner/
12% heated
12% heated
12% heated
crossover
ZONING ANALYSIS
Address: 2754 Snowberry Drive
Legal Description: Lot 15, Block 9, Vail Intermountain Development Subdivision
Lot Area: 1.1454 acres (49,893.6 sq. ft.)
Zoning: Two -Family Primary/Secondary Residential (P/S)
Land Use Designation: Low Density Residential
5
Development
Allowed/Required
Existing
Approved
Proposed
Standard
East: Open Space
Two -Family Primary/Secondary Residential (P/S)
West: Residential
Two -Family Primary/Secondary Residential (P/S)
Driveway grade,
10% unheated
15.3% unheated
8%
15% unheated
centerline
12% heated
Frontage
30'
40' (paved ROW)
NA
NA
VI. SURROUNDING LAND USES AND ZONING
Land Use
Zoning
North: Residential
Two -Family Primary/Secondary Residential (P/S)
South: Open Space
Not zoned, USFS
East: Open Space
Two -Family Primary/Secondary Residential (P/S)
West: Residential
Two -Family Primary/Secondary Residential (P/S)
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.
The requested variance will facilitate the construction of a new driveway for the east
dwelling at 2754 Snowberry Drive. The water main buried approximately six and a half
(6.5) feet deep, which is based on the "potholing" of a branch line to the fire hydrant in
front of 2754 Snowberry Drive completed in the fall of 2014. As such, the utility access
road cannot be regraded to comply with Town engineering standards without relocating
the water main. ERWSD's position is that the water main can be relocated, but that the
financial burden would fall upon the developer. The applicant has stated that the cost of
relocating the water main should not be his burden just because its current depth will
not allow for the utility access road to be regraded in compliance with Town engineering
standards. This physical constraint creates a hardship for 2754 Snowberry Drive in that
the lot cannot be developed with separate driveways for each dwelling, as allowed per
Section 14-3-1, Minimum Standards, Vail Town Code. The proposed final grade for the
proposed paved portion of the utility access road would be 15% — a variance of 5%.
Staff does not believe the proposed paved portion of utility access road will adversely
affect the existing and potential uses.
Staff finds that this criterion is met.
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.
The proposed paved portion of utility access road within the right-of-way adjacent to
2754 Snowberry Drive would exceed the maximum allowable unheated driveway slope
of 10% by 5% for a final maximum driveway grade of 15%.
In Staff's research, it was found that five driveway grade variance requests have been
submitted since Town engineering standards were amended in 1990 to their current
requirements. Three of the five requests were approved, granting variances ranging
from 0.67% to 7.7% grade increases beyond Town engineering standards. The two
variances approved in 1992 were granted post construction. Rough grade inspections
became a requirement as a result of these two variances. The third variance, approved
in 2008, was a direct result of changing the grade of Lionshead Place. Driveway grade
variances since 1990:
• January 13, 1992: 16 Forest Road
o Approved a 7.7% grade variance for a heated driveway
o PEC determined a hardship due to slope and lot dimensions
• April 13, 1992: 4249 Nugget Lane
o Approved a 2.9% grade variance for a heated driveway
o Hardship due to site constraints
■ Slope, utility box location, lot dimensions, edge of asphalt
• January 8, 1996: 795 Potato Patch Drive
o Denied a 2.1% grade variance for a heated driveway
o Considered a self-imposed situation, thus no hardship.
• September 8, 1997: 2840 Basingdale Boulevard
o Denied a 5.8% grade variance for a heated driveway
o Considered a self-imposed situation, thus no hardship.
• March 24, 2008: 660 West Lionshead Circle
o Approved a 0.67% grade variance for a heated driveway
o "Due to the change in street elevations caused by the reconstruction of
Lionshead Place, the previously approved Lion Square Lodge North driveway
plan no longer complies with the Town's engineering standards."
Of the grade variances denied, it was determined the hardship was self-imposed. In this
case, Staff does not believe the hardship to be self-imposed because the water main is
buried at a depth that will not allow for the utility access road to be regraded so that it
could comply with the standards of Section 13-10-9A, Design Criteria, Vail Town Code.
40 feet of the lot's frontage is adjacent to paved right-of-way, whereas 100 feet of
frontage is adjacent to unpaved right-of-way. The Town's standard for minimum
frontage is 30 feet. However, given the topography, the standards of Section 13-10-9A,
and the purpose of public right-of-way to provide adequate public infrastructure, Staff
7
believes the conditions of approval for the work ERWSD did in 2007, should have
included lowering the water main beneath the utility access road so that adequate
access to a legally platted lot could be provided.
Due to these unique circumstances, Staff does not view the approval of this request as
grant of special privilege. Staff finds the applicant is requesting relief from the strict and
literal interpretation and enforcement of the driveway standards is necessary to achieve
compatibility and uniform treatment of site in the vicinity.
Staff finds that this criterion is met.
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 the requested variance will have a negative effect on light and air,
distribution of population, transportation and traffic facilities, public facilities and utilities,
or public safety. The proposed paved portion of utility access road within Town -owned
right-of-way is at the terminus of Snowberry Drive where vehicular traffic and pedestrian
activity is minimal.
Public Works has been consulted and conveyed the reasoning behind the Town's
driveway grade standards, which is to prevent drivers from unnecessarily parking within
the Town's public right-of-way as the result of inaccessible driveways due to steep
grades. Vehicles parked in the right-of-way can create negative impacts, such as
limiting turn around area within a cul-de-sac, causing head on traffic along thru streets,
illegal parking on Town streets, limiting emergency service access, limiting the Town's
snow plowing operations, and potentially limiting access to private properties.
The Town of Vail Engineer believes the proposed paved portion of utility access road in
excess of a 10% grade would be safe and navigable so long as it is clear of ice and
snow. The Town of Vail Engineer has recommended that this portion of utility access
road be heated, and has also suggested that guardrails be considered since there are
houses downhill from the proposed driveway. The applicant has expressed his desire
not to heat the proposed paved portion of utility access road in excess of a 10% grade.
Staff has taken these factors into consideration and finds this criterion is met.
4. Such other factors and criteria as the Commission deems applicable to the
proposed variance.
The Town of Vail Engineer and the Director of Public Works have discussed with Staff
several other utility and maintenance access roads within the Town, many of which do
not meet Town engineering standards. This utility access road is unique, however, in
that it is partially located within Town -owned public right-of-way and serves as the
access to existing platted residential lots.
A
VIII. STAFF RECOMMENDATION
The Community Development Department recommends approval of a request for a
final review of variances from Section 14-3-1, Residential and Commercial Access,
Driveway and Parking Standards, Vail Town Code, pursuant to Chapter 12-17,
Variances, to allow for a driveway in excess of the maximum allowable grades, located
at 2754 Snowberry Drive / Lot 15, Block 9, Vail Intermountain and setting forth details in
regard thereto.
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 14-3-1, Table 1, Minimum Standards, Vail Town Code,
pursuant to Section 14-1-5, Variances, Vail Town Code, and in accordance with
Section 12-17, Variances, Vail Town Code, to allow for a driveway to exceed the
maximum allowable grade by 5%, located at 2754 Snowberry Drive /Lot 15, Block 9,
Vail Intermountain and setting forth details in regard thereto."
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 VII of this Staff
memorandum to the Planning and Environmental Commission dated April 27, 2015,
and the evidence and testimony presented, the Planning and Environmental
Commission finds.-
The
inds.
The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the Two -Family
Primary/Secondary Zone District as the Planning and Environmental Commission
has consistently held that the configuration of existing sites, topographic
conditions, physical limitations, street locations or conditions on the site or in the
immediate vicinity are hardships that may justify the granting of a variance from
the Town's current zoning regulations.
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 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.
9
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. "
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
C. Proposed Plans
D. Lot 14 Improvements Plan from 2007
E. Site Photographs
10
u
Mauriello Planning Group
March 1 1, 2015
George Ruther,AICP
Community Development Director
Town of Vai I
75 South Frontage Road
Vail, Colorado 81675
Re: Driveway Variance for 2754 Snowberry Drive / Lot 15, Block 9,Vail Intermountain Subdivision
Dear George:
Included with this letter is an application for variance to exceed the maximum grade at centerline for a
residential driveway located at 2754 Snowberry Drive (Lot 15, Block 9,Vail Intermountain Subdivision).
Summary and Background:
The applicant, Michael Dantas, is constructing a duplex on an existing platted lot located in the
Intermountain neighborhood. The lot is last residential lot on this block along Snowberry Drive right-of-
way. While the home fronts on the road right-of-way, the roadway that should serve this lot was never
completed. Currently there is a dirt road or driveway within the Town's right-of-way that provides
access to the Eagle River Water and Sanitation District water tank located to the east of this property.
This dirt road has existed for years and has grades varying from approximately 14% to 19%. The Town
approved the installation of the water tank some years ago but did not require that the District upgrade
the road to meet the Town's residential and commercial access standards.As a result, the roadway
adjacent to the applicant's lot is an existing, nonconforming driveway constructed within the Town's right-
of-way.
The applicant is proposing to pave the existing dirt roadway/driveway in order to provide continuous
paved access to the home. This portion of the roadway/driveway will exceed the maximum of 10% for
an unheated driveway. What we think of more typically as the driveway from a town street to the home
(i.e, that portion from the garage doors to the street) complies with code at 4%.
In order for this roadway or driveway to be reconstructed to comply with the Town's standard would
force the applicant to reconstruct the entire roadway to the water tank at considerable expense and
hardship. ERWSD does not support any change in grade to this driveway to the water tank and will not
participate in any such change to the roadway grades.
Review Criteria:
Section 12-17-6: CRITERIA AND FINDINGS, of the Vail Town Code provides the criteria for review for a
variance. These criteria, along with an analysis, are provided below:
I. The relationship of the requested variance to other existing or potential uses and structures
in the vicinity.
Applicant Response: The proposed variance to driveway grade has no impact on the existing or
potential uses and structures in the vicinity. The variance will allow reasonable access from an
existing, nonconforming "driveway" located within the Town's right-of-way for Snowberry Drive
which has no impact on the position or location of the home on this property.
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.
Applicant Response: Lot 15 is unique within this neighborhood in that it is not located along a
paved section of Snowberry Drive as most, if not all, other lots in the neighborhood enjoy.
Allowing the applicant to pave the existing, nonconforming "driveway" within the Town's right-of-
way will ensure that this lot is treated the same as other properties in the vicinity. Additionally,
the existing paved portions of Snowberry Drive also exceed the Town's roadway standards for
grade. By granting this variance the PEC will ensure compatibility and uniformity of treatment
within the neighborhood without 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.
Applicant Response: The proposed variance will have no impact upon light, air, distribution of
population, transportation, public facilities, and utilities. The variance will impact traffic facilities
and public safety in that the variance will allow access to a home that exceeds the maximum
standard for grade. However, had the roadway been completed when the subdivision was
developed, it would certainly have exceeded the Town's standards as the remainder of the
roadway does today. In order to allow this property owner to enjoy the use and access to his
property, this variance is necessary and is no less safe than access to any other home along
Snowberry Drive.
Section 12-17-6: CRITERIA AND FINDINGS, of the Vail Town Code provides the findings that
the Planning and Environmental Commission shall make for the granting of a variance. These
findings are provided below:
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.
Applicant Response: The granting of this proposed variance does not constitute a grant
of special privilege. As indicated in the analysis above, the applicant has been put in this
position by the Town and/or the original developer of this subdivision and has not
created this hardship. The variance allows this lot owner the same benefits as his
neighbors enjoy; that is having reasonable access to his property.
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.
E
Applicant Response: The granting of this proposed site coverage variance will not be
detrimental to the public health, safety, or welfare, or materially injurious to properties in
the vicinity.
3. That the variance is warranted for one or more of the following reasons:
(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.
Applicant Response: The variance is warranted because the strict interpretation of the
residential driveway standards results in a practical difficulty and physical hardship
inconsistent with the Zoning Regulations. Furthermore, there are extraordinary
circumstances applicable to Lot 15 which do not generally apply to other properties.
When this subdivision was originally constructed and accepted by the Town via
annexation, Snowberry Drive was not fully constructed to provide reasonable access to
the applicant's property. This variance will allow this property to enjoy the same
privileges as others within the area.
Thank you for your consideration.
Sincerely,
Dominic E Mauriello, AICP
3
Adjacent Property Owners
2734 Snowberry
EAGLE RIVER WATER & SANITATION DISTRICT
846 FOREST RD
VAIL, CO 81657-5704
2701 Snowberry
KALUSIN, LAWRENCE
P O BOX 1925
VAIL, CO 81658
2735 Snowberry
CLARK, SUSAN B. & ROBERT J.
5452 DAYTON CT
GREENWOOD VILLAGE, CO 801 11
2735 Snowberry
CASHMAN, ELYSE KRISTINE
3103 MAPLEWOOD
WAYZATA, MN 55391
2755 Snowberry
MOUNTAIN C.I. HOLDINGS LTD
1480 SANDHILLS DR UNIT 4
ANCASTER ONTARIO L9G 4V5
CANADA
2794 Snowberry
MANCHESTER, GARY P. & JEANE M.
1720 WAZEE 5D
DENVER, CO 80202
UNITED STATES OF AMERICA
PO BOX 25127
LAKEWOOD, CO 80225
Mauriello Planning Group
PO Box 4777
Eagle, CO 81631
4
aanl�alw�nv � �
N0IIN31NI ® i
L1919 OJ IP1 11-1 VSZZ' VVLZ
Sl 101 '6 Al A]J NlviwonniNI IIVA
xD1dnci ,UND9MONS
II)Il�kllll
IIIII�`,IIIIII \ � �
111111 i`i,l Iii i &�
L -
Pv
n
Illllill�,ll ii
11
lli
1 11 Hill_
ilIMIIIiiii
VIII
IIIIIIIIIIIIII Hill
z
III II v
IIIIIIIII\li,lll �
a
I I I I I I I I lyl=lli I I Q
, J _
IIIIII�§'it�iii�ll -
1
IIIIIIII VIII I� -_
4
v v v AN6
v va v
y
i�
W.�& N'°'
'1
311AONd\Ntlld limn
8�i
\
3NI 0 -33NION3
\
00 'IIVA
1200 1 °N eorwln
NOILD—SNO3 NDJ 3LSSI 900E/WZ 0
a
NNtll MV801S M31tlM NItl1NnoVIM31NI 9P1 S'l
NMf 43NJ3
W
NL
NMf
gpOZ/of/so
I—INOnS 33d/- OL good/La/cO
3NIdTd
10IM1SI0 NOIltllINVS + 831VM 83AIN 31OV3
a NM as
NMf 03N1I530
ON
ON
Gi; 38 s9:' -:.i uM3i rnN
6
2
III ■ �
I
J ■
■ I 3 i § I o0O •..Ego®o
aB :� e'•� s
ey g; ;a a
c� ce$e c
_
se<<e
a.
I I �
sv an 5
Q6
x
a8
q
ted,: -_ _
--
s
All
ti
* j
1.
umi
a.
a
"8ag
® / e
NO
W�a
G
a&„
mi
j
' sxrw r xim
3w �
g;a
cghvpg=
w g,
o�a�&se
S'N
k
e�
m �■� / W �8 s�eoe o _
Via" a am
€� eo
gg=sa
Safi
FAN
8�i
\
�gS
\
■
G
a&„
mi
j
' sxrw r xim
3w �
g;a
cghvpg=
w g,
o�a�&se
S'N
k
e�
m �■� / W �8 s�eoe o _
Via" a am
€� eo
gg=sa
Safi
FAN
Em
two
NNW
let
orb 1,low
60
Sup towns JOSOW
-loans
Sn"Immolp
% was lot,
'0 11 1
d
i
l
0 0
Q
0
00
0
0
0--4pv
LA
1
r
•i
r �&
' 4P
P 0