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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. 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