HomeMy WebLinkAbout2015-0727 PECPLANNING AND ENVIRONMENTAL COMMISSION
TOWN OF d
July 27, 2015, 1:00 PM
Vail Town Council Chambers
75 S. Frontage Road - Vail, Colorado, 81657
Call to Order
Members Present: Brian Gillette, Henry Pratt, Kirk Hansen, John Ryan Lockman, John Rediker,
Dick Cleveland
Members Absent: Webb Martin
2. A request for the review of a variance from Section 12-18-9, Restoration, Vail Town Code, pursuant to
Chapter 12-17, Variances, Vail Town Code, to allow for a roof height of 18'-2" to exceed the existing
roof height of 12' for the restoration of a nonconforming structure, located at 1552 Matterhorn Circle
(Matterhorn Inn)/Unplatted, and setting forth details in regard thereto. (PEC150025)
Action: Approve with conditions
Motion: Gillette Second: Cleveland Vote: 6-0
Conditions:
1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review
approval for this proposal.
2. Approval of this variance is for the building in its entirety as presented, and not of individual units.
3. The roof sheathing at the rear of the building shall be no higher than the existing roof.
4. The eave on the eastern portion of the property shall not encroach any further than the existing
eave.
Planner Spence delivered a presentation per Staff's memo. A brief history of the property was
reviewed with regards to the fire that occurred this past fall. They are attempting to restore the building
to the same location, number of units and form with a minor change to the roof height. The
requirements of the Vail Town code, specifically in the restoration chapter, for non -conforming
properties that have been damaged by a fault not of their own, they must be replaced with the same
building footprint, units, height, etc.
Staff would like to request that if approved that an additional condition simply stating that the approval
is for the plans as proposed for the whole building.
Commissioner Rediker inquired as to where the language is in the code that states that things have to
be restored exactly the way they were before. Are we using a literal interpretation of the word
restored?
Spence confirmed that we are using a literal interpretation of the word restored.
Commissioner Pratt asked about the applicants' letter as it indicated that no wood shakes are allowed
on the walls, the commissioner was not aware of this regulation. With the drawings presented, they
are not coming back with the same materials, doesn't this also deviate from the restoration standards?
Spence clarified that wood shakes as well as other wood materials are allowed on the walls to a
certain height. Clarification was also made with regard to the restoration code that the materials are
not regulated in the restoration statute. That code is in regard to dimensional standards such as
height, number of units, set -backs etc.
Commissioner Pratt invited the Applicant to make a presentation.
Michael Current, Current Architects, representing the applicant stated he did not have any further
information to present with the exception that this request supports a better approach to improving the
structure and livability of the units. All designs are matching what existed with the exception of the
roof. The previous flat roof was leaky.
Commissioner Cleveland asked why this roof form was chosen.
Current responded that this roof was preferable due to economics, esthetics & functionality. It will shed
water, snow & rain much better than the flat roof. Aesthetically it's more pleasing than the flat mansard
style.
Commissioner Cleveland indicated that the reasons for requesting a variance include in order to
prevent or lessen practical difficulties and unnecessary physical hardships inconsistent with this
objectives of this title. Even in the staff memo, there is no explanation of the hardships other than
physical. We have to find the hardship by interpreting it the way it is. Economics are not a hardship
Current responded that the functionality of a flat roof versus a sloped roof. The flat roof in this climate
is not always the most practical application.
Commissioner Gillette asked what is the proposed overhang on the east side. What is the existing
overhang on the mansard? When measuring the plate height are you measuring to the top or the
bottom of the mansard?
Current responded that the overhang on the east side is proposed at 30" and that the current
approximately 2' but will need to verify this. Plate heights are top of wall, bottom of mansard. The
existing roof height was additional. Overall height is 12' as it exists today.
Commissioner Gillette asked for clarification on the purpose of raising the plate height in the back.
What do you gain from this?
Current responded stating getting a little larger clear story window in the front to allow for more light
and air as these are very small units.
Gillette stated that the biggest impact to neighbor on east. Did they respond? Seems that you are only
4' off of the property line now and you are requesting to extend the eve even further. Second, you are
raising the roof height which could block the sun and affect the neighbor. Seems you and the neighbor
would benefit if we drop the rear plate down to the plate height rather than extending it. You still get a
sloped roof, clear story, vaulted ceiling but the effects to the neighbor is lessened.
Current responded that the neighbor to the east has not responded to this request. The benefit of
increasing the back roof height would allow for additional storage in these units as well.
Commissioner Gillette stated that the applicant is 4'/2 feet off of the property line and we are trying to
balance the concerns between the neighbor and the property owner. Drop the rear plate down, pull the
eave back in and then it solves the issue of snow shedding, light, and vaulted ceilings.
Commissioner Cleveland asked for clarification on the roof pitch.
Current stated that the proposed pitch is 2:12.
Commissioner Pratt asked if there were any additional questions for the applicant. He then closed the
public hearing and requested commission comments.
Commissioner Lockman felt that Commissioner Gillette brought up some interesting points regarding
height in the back of the building and why it is being brought up. He also agreed with Commissioner
Cleveland regarding the possible lack of hardship. However, he felt that Staff has reviewed the
application and does understand that the fire has created this condition. Feels that the hardship is
vague yet supportable.
Planner Spence clarified that it would agree that its less of a hardship, than a practical difficulty. Staff
sees it as an opportunity to add some value to the process and the value of the product. Adjacent
structure is also non conforming and directly on property line.
Commissioner Hansen felt that this property is important to our community. States that he agrees with
the logic to this application and fully supports staff recommendation.
Commissioner Cleveland questions the appropriateness of granting a variance. That being said,
questions if we could get DRB with the roof the same way it was. Agree with Commissioner Hansen
that this type of building is important to community. Shares Commissioner Gillette's concerns
regarding the variance has to be the absolute minimum required. Stated that this application is asking
for things that shouldn't be granted through this process. Variance can be granted under the current
circumstance.
Commissioner Rediker stated a variance in this circumstance is appropriate. This board typically has
difficulty with variances because a lot of times we are trying to look at the regulations and ensure that
there is a practical difficulty or unnecessary physical hardship that leads to the variance. In this
instance, a strict literal interpretation of the code imposes a hardship. Inclined to vote for this
application since the height falls within height limits. I do would like to hear more about the roof
proposed closer to the neighbors' property. We need to minimize impact to neighbors.
Commissioner Gillette nothing additional to add. Perhaps we should forward a motion to approve with
additional conditions one being that the eve no closer to lot line than current, and the other that the
spring point be lowered to the existing plate height.
Commissioner Pratt having gone through this before and having relied heavily on the reconstruction
clause that stated you did not have to go to PEC & DRB to rebuild it exactly the way it was, little
concerned about what we are doing. There is no doubt that the design is an improvement over what
was there, there is no doubt that it is in the towns best interest to see this property improved. That said
the commissioner has a hard time with the fact that this particular design is nothing like what was
there. The application is changing wall materials, changing roof form, and roof pitch. There is no great
benefit to a sloped roof over a flat roof as there are flat roofs all over town, this application is for an
esthetic improvement not a physical hardship. This application is unique in the fact that it has a DRB
component so in essence we are not using the restoration clause as it is intended.
The application as presented makes it difficult to find a hardship to support granting a variance. The
request for the variance as well as the DRB application is working against everything in the restoration
section in the code. Regarding Commission Gillette's comments, the overhang in the back makes
sense since it is such a narrow space and with a metal roof everything is going to get covered anyway.
As for the height, this is nothing like what was there, it's way under the building height. Why quibble
over 12".
Commissioner Rediker requested clarification from staff if there was no fire, what if they wanted to do
this roof today? Would they still be required to request a variance? Would they have to come into
conformance with additional regulations?
Spence clarified that the applicant would still have to come before the board to request the variance.
They would not be required to come into any greater conformance.
Commissioner Cleveland disagreed that the board has attempted to bring more properties into
conformance through this process. We ask for improvements in a non -conformity regularly during
these hearings.
Community Development Director George Ruther reviewed the practical difficulties with this
application. A lot of the non -conformities today are a result of actions taken in the 1970s & 1980s. We
have multi -family zoned properties with many more units on them and far more non -conforming than
this. Chamonix Chalets is in a district zoned Primary/Secondary. Asking homeowners to give up their
homes to allow the property to become conforming is not a reasonable conversation to have;
especially in light of the circumstances and the fire. In a perfect world, the town would have already
gone through an exercise to address non -conforming properties rather than leave it up to an applicant
to have to apply for a variance.
Commissioner Cleveland restated that this is an aesthetic change. We've kept everything the same
with the exception of the roof, windows. These aesthetics are not contemplated in the restoration
code. This variance is really for aesthetic not for physical hardship.
Ruther clarified that the allowable building height in this district is 33' and what is proposed is well
under the allowed building height. No one is building anything back exactly the way it was existing.
Unfortunately, with the non -conforming clause in the regulations as adopted, the premise is good —
you can maintain it as long as you want, but as soon as you want to change something it has to go
away. The purpose for the variance request is
Commissioner Pratt is hanging his hat on finding 3b in the memorandum. Stated that there are
extraordinary circumstances to this property that do not exist on neighboring properties.
Commissioner Gillette believes we should throw out restoration clause as this isn't applicable to this
application. If we look at it based on there wasn't a fire, we are just grating a variance based on
aesthetics & not hardships.
Commissioner Pratt stated that the restoration clause should not be thrown out. It is a vehicle for them
to keep their non -conforming issues out of the discussion. As for a variance only for height which leads
to this aesthetic.
Commissioner Rediker asked for clarification if there really is no benefit to pitch roof vs. flat roof.
Building Contractor Mark Scully doesn't agree with flat roof comment. Generally speaking, if its built
correctly, spend a lot of money, they work well. Generally, pitch is better. This is an improvement to
the flat roof.
Commissioner Rediker asked what type of roof was on the building previously?
Current responded that the roof was originally mansard style roof with a mix of gable forms & flat roof
with parapet.
Commission Rediker asked if we follow the strict definition of the word restore, the exact same type of
roof will go back onto the buildings.
Commissioner Pratt stated that there would have to be slope to the roof even if it was flat as required
by the roof.
3. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town Code, to
allow for the future development of Employee Housing Units on the Chamonix parcel located at 2310
Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing 1, and setting forth
details in regard thereto. (PEC150019)
Applicant: Town of Vail Community Development Department
Planner: George Ruther
Action: Table to August 10, 2015
Motion: Cleveland Second: Hansen Vote 6-0
4. A request for a final recommendation to the Vail Town Council of a major amendment to Special
Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures,
Vail Town Code, to allow for the redevelopment of the former Cascade Village Theater and Colorado
Mountain College property to include 14 dwelling units, one (1) onsite Employee Housing Unit and the
preservation 4,087 square feet of existing commercial, retail and office space, located at 1310
Westhaven Drive/Cascade Village, and setting forth details in regard thereto. This project was
previously approved most recently in 2007 and expired on June 1, 2015. (PEC150014)
Applicant: Ultimate Cascade LLC, represented by Mauriello Planning Group
Planner: Jonathan Spence
Action: Table to August 24, 2015
Motion: Cleveland Second: Hansen Vote 6-0
5. Approval of Minutes
July 13, 2015 PEC Meeting Results
Action: Approve
Motion: Cleveland Second: Gillette Vote 4-0-2 (Rediker, Cleveland abstained)
6. Informational Update
Environmental Training — Kristen Bertuglia
A Snowmelt Usage, Efficiency, and Offset program presentation was made to the Planning and
Environmental Commission by Taylor Critchlow from AEC Engineering. The floor was opened for
questions regarding this topic.
Planner Spence asked if there off site monitoring systems ensure no systems are left on during the
warmer months (like a fire alarm system).
Critchlow was not aware of any of site third party monitoring companies.
Commissioner Gillette asked for Taylor's opinion on idling vs. powering the system on and off. Half of
the cost is in idling.
Critchlow responded that he recommends setting up a system with idling at the lowest energy usage.
It takes a lot of energy to reheat something that was previously turned off.
Commission Pratt stated that costs do not necessarily decrease with on/off scenario. Our code
currently incentivizes applicants to use snowmelt systems by reducing the amount of on-site snow
storage requirements as well as in some circumstances a steeper grade is allowed. It's also important
to remember that the Vail Valley is very tight and payback on a solar system may not occur for an
extended period of time and payback in East Vail is never.
Commissioner Hansen asked Kristen Bertuglia if Vail has a progressive modern code or are we in the
process of updating or modernizing the code.
Bertuglia responded that the International Energy Conservation Code (IECC) as well as the other
International Codes are current and we are going to be adopting the 2015 code. There is nothing
additional in the IECC that address snowmelt. There has always been controls and the high efficiency
boiler requirement is going away.
Bertuglia requested Critchlow explain to the group why condensing boilers are a good application for
snowmelt.
Critchlow responded that the condensing boilers have a higher efficiency by condensing flue gasses.
Commissioner Pratt asked staff what the goal is. Is the goal to get some sort of snowmelt legislation
into our code similar to Aspen/Pitkin?
Bertuglia responded that the Town has done a great job in recent years in energy efficiency in other
ways but it has never addressed outdoor energy use. Are we missing something if we are focused on
the building envelope but ignore outdoor energy use? Should we start working on this for future? Vail
owns more than 350,000 feet of snowmelt and there is more than 200,000 feet of privately owned
snowmelt so finding the offset for this amount will be quite challenging.
Commissioner Pratt asked if there is a technology out there in a residential environment that can
capture heat and somehow drive that to the snowmelt system. Is there anything internal, waste heat,
boilers?
Critchlow responded that Solar is the only residential application. There is nothing renewable from
residential environment that could be transferred to a snowmelt system. The energy level is so small
that there isn't enough to drive a system.
Commissioner Hansen asked if other communities measure carbon footprint and does the Town?
Bertuglia responded that we do track this information in a number of ways. It's difficult to measure
what the community uses but substation data is available on a limited basis from Holy Cross Energy.
Most resorts have some sort of carbon inventory and tracking system.
Commissioner Gillette is very familiar with Eagle Counties system. Suggests that there should be a
carbon tax added to utility bills with a mill levy off set. Effectively what would happen is that someone
who is energy efficient would have less property tax to pay and those who use snowmelt will pay this
tax on their energy bills.
Bertuglia responded that some would feel that all tax payers would be subsidizing the users
Commissioner Rediker responded to the carbon tax option that we can't tax everyone has to pay for
those that choose to install snowmelt systems.
Commission Hansen asked if the staff would like the commission to jump into this and make it a
priority to see if we want to adopt a policy similar to Eagle County or Aspen/Pitkin County.
Bertuglia responded that staff would like to continue the discussion, if that is what is directed by the
Commission. The Town will be updating the Sustainability Strategic Plan beginning this year, which
will require setting new energy goals.
Commissioner Pratt brought up other options that may be available in our area. Micro -hydro plants
along the gore creek or something up at the Black Lakes. These could be used to offset the energy
production required for snowmelt.
Commissioner Rediker would like to see us get away from the Aspen/Pitkin model and look at the
individual users. Base fees on the usage over the year.
Commissioner Pratt commented that the valley is 90% built out so this type of fee would have to be
imposed on current & future users in order to build a fund.
Commissioner Gillette stated that this is exactly what the carbon tax does. It taxes the individual users
and those utilizing snowmelt are going to be higher carbon taxes. Stated he would prefer to
recommend a ban on snowmelt and require people to plow and remove the incentives for installation
of these systems.
Commissioner Lockman indicated that the Town is the largest user of snow melt and imposing a fee
on private property when the Town has installed such a large amount may not be fair initially. The
Town should take a leadership role by penalizing itself first. Noted that the Energy Smart Colorado
program utilizes snowmelt offset funds through ECOBuild and distributes it back to the community in
the form of rebates.
Commissioner Rediker stated that the benefit the Town recognizes is through our guests being able
to walk on our streets without a slip and fall risk.
Commissioner Pratt commented that we have to look at the incentive side of the program instead of
the penalty side of this. Maybe additional GRFA allowed or a similar program.
Bertuglia stated that it appeared that there is enough support to continue the conversation and Staff
will come back to the Commission with options.
7. Adjournment
Motion: Rediker Second: Cleveland Vote: 6-0
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 48-hour notification. Please call (970) 479-2356, Telecommunication Device for
the Deaf (TDD), for information.
Community Development Department
Published in the Vail Daily July 24, 2015
TO6'UPJ OF VAdL.
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: July 27, 2015
ITEM/TOPIC: A request for the review of a variance from Section 12-18-9, Restoration, Vail Town
Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a roof height of 18'-2" to
exceed the existing roof height of 12' for the restoration of a nonconforming structure, located at
1552 Matterhorn Circle (Matterhorn Inn)/Unplatted, and setting forth details in regard thereto.
(PEC150025)
ATTACHMENTS:
ame: Description:
PEC150025 Memo.pdf Staff Memorandum
D Attachment 1 Vicinity Map.pdf Vicinity Map
❑ Attachment 2 Matterhorn Photos.pdf Photos
❑ Attachment 3 Narrative.pdf Narrative
❑ Attachment 4 Plan Set.pdf Plans
TOWN OF VAII �
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 27, 2015
SUBJECT: A request for the review of a variance from Section 12-18-9, Restoration, Vail
Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow
for a roof height of 18'-2" to exceed the existing roof height of 12' for the
restoration of a nonconforming structure, located at 1552 Matterhorn Circle
(Matterhorn Inn)/Unplatted, and setting forth details in regard thereto.
(PEC150025)
Applicant: Matterhorn Inn Home Owners Association, represented by Current
Architects
Planner: Jonathan Spence
I. SUMMARY
Matterhorn Inn Home Owners Association, represented by Current Architects, is
requesting a variance to allow for a roof height of 18'-2", exceeding the existing roof
height of 12' for the restoration of a nonconforming structure, located at 1552 Matterhorn
Circle. Based upon Staff's review of the criteria outlined in Section VII of this
memorandum and the evidence and testimony presented, the Community Development
Department recommends approval, with a condition, of this application, subject to the
findings noted in Section VIII of this memorandum. A vicinity map (Attachment A),
photographs (Attachment B) the applicants' request (Attachment C), and proposed
architectural plans (Attachment D) are attached for review.
II. DESCRIPTION OF REQUEST
Matterhorn Inn Home Owners Association, represented by Current Architects, is
requesting a variance to allow for a roof height of 18'-2" exceeding the existing roof height
of 12' for the restoration of a nonconforming structure, located at 1552 Matterhorn Circle.
The property was heavily damaged by fire on November 21, 2014. The applicant has
chosen to restore the existing structure as the most expeditious way of returning the
owners to their homes. Per the requirements of Chapter 12-18-9 Restoration of the Vail
Town Code, the property may be restored to its former non -conforming condition. The
applicant is not proposing any increase in GRFA or any change in the building's location
(setbacks). To improve the functionality of the residential units, the applicant is proposing
a modification to the existing roof design and height. The existing roof on the non-
conforming structure is a flat mansard -style roof with a wood shake covered parapet. The
applicant is proposing a shed -style roof with a height of 12.5 feet in the rear sloping at a
2:12 pitch to 18 feet in the front. This roof exceeds the height of the existing roof on the
non -conforming, thus necessitating the variance request. It should be noted that the
requested roof height is well within conformance with the maximum allowable building
height in the Residential Cluster zone district of 33 feet.
III. BACKGROUND
The Matterhorn Inn was originally built and legally established in 1972 in Eagle County
prior to being annexed into the Town of Vail in 1982. The property is comprised of eleven
(11) individually owned condominiumized dwelling units totaling 5,048 square feet of
Gross Residential Floor Area (GRFA). According to the Official Zoning Map of the Town
of Vail, the property is zoned Residential Cluster (RC) District. Based up the current
zoning designation, the Matterhorn Inn is legally nonconforming in the following ways:
• The 11 dwelling units exceed the density requirement of no more than 6
dwelling units per acre as permitted in the RC zone district. (2.75 units
allowed under zoning.)
• The existing sideyard setback of 4.31 feet does not meet the required 15
foot setback.
• The unpaved parking surface does not meet the code requirement for an
improved paved surface.
• The percent grade of the access drive is in excess of the town standard.
• The existing trash dumpster does not meet the screening requirements of
Title 14.
• The portions of the site not covered by building or parking areas total
approximately 10,646 square feet or 47% of the property, nonconforming
with the required landscape area of at least 13,552 square feet (60% min.
IV. APPLICABLE PLANNING DOCUMENTS
Staff believes that following provisions of the Vail Land Use Plan and the Vail Town Code
are relevant to the review of this proposal:
Vail Land Use Plan (in part)
CHAPTER II: LAND USE PLAN GOALS / POLICIES (in part)
The goals articulated here reflect the desires of the citizenry as expressed through the
series of public meetings that were held throughout the project. A set of initial goals were
developed which were then substantially revised after different types of opinions were
brought out in the second meeting. The goal statements were developed to reflect a
general consensus once the public had had the opportunity to reflect on the concepts and
ideas initially presented. The goal statements were then revised through the review
Town of Vail Page 2
process with the Task Force, the Planning and Environmental Commission and Town
Council and now represent policy guidelines in the review process for new development
proposals. These goal statements should be used in conjunction with the adopted Land
Use Plan map, in the evaluation of any development proposal.
The goal statements which are reflected in the design of the proposed Plan are as
follows:
General Growth / Development
1.1. Vail should continue to grow in a controlled environment, maintaining a balance
between residential, commercial and recreational uses to serve both the visitor and the
permanent resident.
1.2. The quality of the environment including air, water and other natural resources
should be protected as the Town grows.
1.3. The quality of development should be maintained and upgraded whenever
possible.
1.4. The original theme of the old Village Core should be carried into new
development in the Village Core through continued implementation of the Urban Design
Guide Plan.
1.5. Commercial strip development of the Valley should be avoided.
1.6. Development proposals on the hillsides should be evaluated on a case by case
basis. Limited development maybe permitted for some low intensity uses in areas that
are not highly visible from the Valley floor. New projects should be carefully controlled
and developed with sensitivity to the environment.
1.7. New subdivisions should not be permitted in high geologic hazard areas.
1.8. Recreational and public facility development on National Forest lands may be
permitted where no high hazards exist if:
a. Community objectives are met as articulated in the Comprehensive Plan.
b. The parcel is adjacent to the Town boundaries, with good access. c. The
affected neighborhood can be involved in the decision-making process.
1.9. The existing condition and use of National Forest Land (USFS) which is
exchanged, sold, or otherwise falls into private ownership should remain unchanged. A
change in the existing condition and use may be considered if the change substantially
complies with the Vail Comprehensive Plan and achieves a compelling public benefit
which furthers the public interest, as determined by the Town Council.
Town of Vail Page 3
1. 10. Development of Town owned lands by the Town of Vail (other than parks and
open space) may be permitted where no high hazards exist, if such development is for
public use.
1.11. Town owned lands shall not be sold to a private entity, long term leased to a
private entity or converted to a private use without a public hearing process.
1.12. Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
1.13. Vail recognizes its stream tract as being a desirable land feature as well as its
potential for public use.
5. Residential
5.1. Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not exist.
5.2. Quality time share units should be accommodated to help keep occupancy rates
up.
5.3. Affordable employee housing should be made available through private
efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate
restrictions.
5.4. Residential growth should keep pace with the market place demands for a full
range of housing types.
5.5. The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied sites
throughout the community.
CHAPTER VI, SECTION 4, PROPOSED LAND USE CATEGORIES (in part)
LDR Low Density Residential
This category includes single-family detached homes and two-family dwelling units.
Density of development within this category would typically not exceed 3 structures per
buildable acres. Also within this area would be private recreation facilities such as tennis
courts, swimming pools and club houses for the use of residents of the area. Institutional
/public uses permitted would include churches, fire stations, and parks and open space
related facilities.
Title 12, Zoning Regulations, Vail Town Code (in part)
Chapter 12-18-9: RESTORATION (in part)
Whenever a nonconforming use which does not conform with the regulations for the zone
Town of Vail Page 4
district in which it is located, or a nonconforming structure or site improvement which does
not conform with the requirements for setbacks, height, density control, building bulk
control or site coverage is destroyed by fire or other calamity, by act of God or by the
public enemy, its use may be resumed or the structure may be restored, provided the
restoration is commenced within one year and diligently pursued to completion. All new
construction must conform to the applicable adopted building codes, fire codes and other
relevant codes regarding safety and construction which are in effect at the time rebuilding
is proposed.
CHAPTER 12-17. VARIANCES (in part)
12-17-1. Purpose. A. Reasons for Seeking Variance. In order to prevent or to lessen
such practical difficulties and unnecessary physical hardships inconsistent with the
objectives of this title as would result from strict 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.
V. SITE ANALYSIS
Address: 1552 Matterhorn Circle
Legal Description: Unplatted, Matterhorn Inn Condominiums
Zoning: Residential Cluster District
Land Use Plan Designation: Low Density Residential
Current Land Use: Multi -family Residential Geological
Hazards: None
Minimum Lot Area 15,000 sq. ft.
Buildable Lot Area 8,000 sq. ft.
Density: (max GRFA) 7,213 sq. ft.
Building Height:
Site Coverage:
Parking
Setbacks:
North:
West:
East:
Town of Vail
33 ft.
5,647 sq. ft. (25% max.)
17 spaces (1.5/DU)
20 ft. (front)
15 ft. (side)
15 ft. (side)
22,588 sq. ft. No Change
20,037 sq. ft. No Change
5,048 sq. ft. No Change
12 ft. 18 ft. —2in.
5,048 sq. ft. (22%) No Change
+17 spaces (not No Change
striped)
38 ft. No change
53 ft. No change
4.31 ft. No change
Page 5
South: 15 ft. (rear) 25 ft. No change
VI. SURROUNDING LAND USES AND ZONING
Existing Use
North: Donovan Pavilion
South: Open Space
East: Multi -family Residential
West: Single-family Residential
VII. REVIEW CRITERIA
Zoning District
General Use (GU)
Agricultural and Open Space (A)
Residential Cluster (RC)
Single Family Residential (SFR)
The review criteria for a variance request are prescribed in 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 Matterhorn Inn was originally built and legally established in 1972 in Eagle County
prior to being annexed into the Town of Vail in 1982. As such, it has been confirmed that
the Matterhorn Inn is a non -conforming structure, pursuant to the provisions of Chapter
12-18, of the Vail Town Code. This is especially important as non -conforming structures
are granted certain rights permitting restoration after substantial destruction.
The subject property is located within an established neighborhood consisting of both
multi -family and single family/duplex structures. The proposed increase in roof height is
compatible with other existing buildings and uses in the vicinity. The requested height of
18'- 2" is 14'-10" less than the permitted height of 33' in the surrounding area and within
the Residential Cluster zone district. The height of the existing structure is not the cause
of the non -conforming status. The number of existing dwelling units, encroachment into
the setback and landscape area are the primary reasons for the non -conforming
conditions. If approved, given the non -conforming status of the Matterhorn Inn, the new,
non -conforming, maximum allowable building height for the Matterhorn Inn shall be 18'-2"
Staff believes this proposal will not negatively affect the other existing or potential uses
and structures in the vicinity in comparison to existing conditions.
2. The degree to which relief from the strict and literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity or to attain the objectives of this
title without a grant of special privilege.
In order to maintain the non -conforming structure status, Section 12-18-9 of the Vail
Town Code requires nonconforming structures that are rebuilt or restored following
substantial destruction from an event such as a fire to be done so with no changes to the
Town of Vail Page 6
bulk, mass, scale, location, size, etc. to the structure (i.e., height, setbacks, GRFA or
other dimensional standards).
The intent of the adopted non -conforming sites, uses, structures and site improvements
Chapter of the Vail Town Code is to allow non -conforming conditions to continue yet limit
the enlargement, alteration, restoration, or replacement of non -conforming which
increase the discrepancy between existing conditions and the prescribed development
standards. In this particular case, the not conforming condition is primarily the result of
too many dwelling units acre, a portion of the structure in the setback and not enough
landscape area on the site. It is not due to building height. Since building height is not
the cause of the non -conformity, and in fact, the allowable building height in the
designated zone district is up to 33 feet, granting approval of a request to increase the
height of the building to 18'-2" appears reasonable and is not in conflict with the purpose
and intent of the Chapter 18 of the Vail Town Code. To further that point, the applicant is
proposing to replace the flat mansard -style roof with a shallow sloping shed -style roof
with a pitch of 2:12 to a maximum height of 18'-2".
Staff believes the applicant is requesting the minimum amount of relief necessary from
the strict and literal interpretation and enforcement of building height regulation to achieve
compatibility and uniformity of treatment among sites in the vicinity or to attain the
development objectives of the Zoning Regulations. Staff believes an approval of the
proposed variance request will not result in 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.
The proposed variance will facilitate an increase in the roof height that will not alter
population; will not increase the required number of parking spaces; will not affect any
existing transportation or traffic facilities, public facilities, or utilities; and will not affect
public safety in comparison to existing conditions.
Therefore, Staff believes the proposed variance conforms to this criterion.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends approval, with a condition, of a
variance from Section 12-18-9, Restoration, Vail Town Code, pursuant to Chapter 12-17,
Variances, Vail Town Code, to allow for a roof height of 18'-2" to exceed the existing roof
height of 12' for the restoration of a nonconforming structure, located at 1552 Matterhorn
Circle (Matterhorn Inn)/Unplatted, and setting forth details in regard thereto. This
recommendation is based upon the review of the criteria outlined in Section VII of this
memorandum and the evidence and testimony presented.
Town of Vail Page 7
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission pass
the following motion:
"The Planning and Environmental Commission approves the applicant's request for
a variance from Section 12-18-9, Restoration, Vail Town Code, pursuant to
Chapter 12-17, Variances, Vail Town Code, to allow for a roof height of 18'-2" to
exceed the existing roof height of 12' for the restoration of a nonconforming
structure, located at 1552 Matterhorn Circle (Matterhorn Inn)/Unplatted, 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 applies
the following condition:
1. Approval of this variance is contingent upon the applicant obtaining
Town of Vail design review approval for this proposal.
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 a review of Section Vll of the July 27, 2015 staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony
presented, the Planning and Environmental Commission finds.-
1.
inds.
1. The granting of this variance will not constitute a granting of special
privilege inconsistent with the limitations on other properties classified in the
Residential Cluster District.
2. The granting of this variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in
the vicinity.
3. This variance is warranted for the following reasons.-
a.
easons.
a. The strict literal interpretation or enforcement of the specified
regulation will result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of Title 12, Zoning
Regulations, Vail Town Code.
b. There are exceptions or extraordinary circumstances or
conditions applicable to the same site of the variance that do not
apply generally to other properties in the Residential Cluster
District.
Town of Vail Page 8
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 Residential Cluster
District
IX. ATTACHMENTS
A. Vicinity Map
B. Photographs
C. Applicants' Request
D. Architectural Plans
Town of Vail Page 9
Town of Vail Page 10
Town of Vail Page 11
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CURRENT
ARCHITECTS
AND ASSOCIATES
June 29, 2014
Matterhorn Inn Condominiums
1552 Matterhorn Circle
Parcel Number: 2103-123-16-001 thru 011
Vail, Colorado
Project Narrative:
The Matterhorn Inn Condominiums are comprised of 11 individually owned properties
housed within a single structure of approximately 5,000 square feet. It was originally built
in 1972 prior to the annexation and application of the Town of Vail Zoning Regulations. It
is therefore a nonconforming structure and site improvement as the current zoning for the
area is Residential Cluster.
The property was heavily damaged by fire November 21, 2014. After consultation with
Town of Vail building officials, structural engineers, and rehabilitation specialists, the
homeowners have decided the best course of action to get back into their homes the
most expeditiously is to rehabilitate the existing structure. The proposed rehabilitation
will maintain the existing structure as much as possible including the foundation and
basic floor plans of each unit. We would like to propose a new roof structure and exterior
cladding materials. The original roof was a flat mansard style roof with a wood shake
parapet that was unattractive, prone to leaking, and susceptible to wildfire. The original
cladding was wood shake siding that is no longer allowed within the Town of Vail. We
would like to request a new sloping shed roof that will fit better within the aesthetics and
nature of neighboring properties. No additional GRFA is proposed, but the existing
volumetric building envelope will be increased to allow for proper drainage and more
appropriate scale of the structure in relation to the surrounding neighborhood. The
existing height of the flat roof is approximately 12'-0", the high point of the proposed roof
top of sheathing will be 18'-2". Residential Cluster allows up to 33' height for sloping
roofs. Allowing this variance will allow the scale and proportions of the building to be
more in line with the surrounding neighborhood.
A variance request is required for this property because there are currently 11
homeowners that would like to remain homeowners of the property. Total reconstruction
of the property to bring it to conformance with the current code would require a minimum
of 8 homeowners to sell their stake in the property. That would place an undue hardship
on those owners to re -locate, as well as the hardship of the remaining homeowners to
bear the entire burden of costs of redevelopment. The property directly adjacent to the
east of the subject property is also an older non -conforming structure, so the existing
density of the subject property will still be consistent with the neighborhood.
We hope that you will agree that this variance request is just and necessary to allow all of
the existing homeowners their right to remain in their property while allowing them the
ability to enhance the functionality and aesthetics of the structure.
Current Architects and Associates
Postal Box 5293
Vail, Colorado 81657
970.331.6345
CURRENTARCHITECTS.COM
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TO6'UPJ OF VAdL.
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: July 27, 2015
ITEM/TOPIC: A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail
Town Code, to allow for the future development of Employee Housing Units on the Chamonix
parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing
1, and setting forth details in regard thereto (PEC150019).
Request to table to August 10, 2015
ATTACHMENTS:
Name: Description:
No Attachments Aviilihk
TO6'UPJ OF VAdL.
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: July 27, 2015
ITEM/TOPIC: A request for a final recommendation to the Vail Town Council of a major
amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for the redevelopment of the former Cascade
Village Theater and Colorado Mountain College property to include 14 dwelling units, one (1)
onsite Employee Housing Unit and the preservation 4,087 square feet of existing commercial, retail
and office space, located at 1310 Westhaven Drive/Cascade Village, and setting forth details in
regard thereto. This project was previously approved most recently in 2007 and expired on June 1,
2015. (PEC150014)
Request to table this item to August 24, 2015
ATTACHMENTS:
Namf Description:
No Attachments Available
TO6'UPJ OF VAdL.
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: July 27, 2015
ITEM/TOPIC: Environmental Training - Kristen Bertuglia
ATTACHMENTS:
Nam(
No Attachments Available
Description:
Ad Name: 11388022A
PLANNING AND ENVIRONMENTAL
COMMISSION
Customer: TOWN OF VAIL/PLAN DEPT/COMM
dnly27CounclCham
Vail Town Council Chambers
Your account number is- 1OP2P 33
75S. Frontage Road - Vail, Colorado, 81657
Vail Daily
1.Call to Order
2.A request for the review of a variance from Sec-
tion 12-18-9, Restoration, Vail Town Code,
pursu-
ant to Chapter 12-17, Variances, Vail Town Code,
PROOF OF PUBLICATION
to allow for a roof height of to exceed the
existing roof height of 12' for the the r restoration of a
nonconforming structure, located at 1552 Matter-
horn Circle (Matterhorn Inn)/Unplatted, and setting
STATE OF COLORADO
}Time
forth details in regard thereto. (PEC150025)
Needed: 30 min.
iss
Applicant: Matterhorn Inn Home Owners Associa-
II
tion, represented by Current Architects
COUNTY OF EAGLE }
Planner: Jonathan Spence
3.A request for final review of a Development Plan,
pursuant to Section 12-61-11, Vail Town Code, to
I, Don Rogers, do solemnly swear that I am a qualified
allow for the future development of Employee
Housing Units on the Chamonix parcel located at
representative ofthe Vail Daily. That the same Daily newspaper
2310 Chamonix Road, Parcel B, Resubdivision of
Tract D'Vail Das Schone Filing 1, and setting forth
details in regard thereto. (PEC150019)
printed, in whole or in part and published in the County
Request to table to August 10, 2015
of Eagle, State of Colorado, and has a general circulation
Time Needed: 5 min.
therein; that said newspaper has been published continuously
Applicant: Town of Vail Community Development
Department
and uninterruptedly in said County of Eagle for a period of
Planner: George Ruther
more than fifty-two consecutive weeks next prior to the first
4.A request for a final recommendation to the Vail
Town Council of a major amendment to Special
Development District No. 4, Cascade Village, pur-
ublication of the annexed legal notice or advertisement and
suant to Section 12-9A-10, Amendment Proce-
that said newspaper has published the requested legal notice
p q g
dures, Vail Town Code, to allow for the redevelop -
Colo d the former Cascade Village Theater and
Colorado Mountain College property to include 14
and advertisement as requested.
dwelling units, one (1) onsite Employee Housing
Unit and the preservation 4,087 square feet of ex-
isting commercial, retail and office space, located
at 1310 Westhaven Drive/Cascade Village, and
The Vail Daily is an accepted legal advertising medium,
setting forth details in regard thereto. This project
was previously approved most recently in 2007 and
expired on June 1, 2015. (PEC150014)
only for jurisdictions operating under Colorado's Home
Rule provision.
Applicant requests to table this item to August 24,
2015
Time Needed: 5 min.
Applicant: Ultimate Cascade LLC, 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
5.Approval of Minutes
number of said daily newspaper for the period of I
July 13, 2015 PEC Meeting Results
consecutive insertions; and that the first publication of said
6. Informational Update
notice was in the issue of said newspaper dated 7/24/2015 and
Environmental Training - Kristen Bertuglia
that the last publication of said notice was dated 7/24/2015 in
7.Adjournment
the issue of said newspaper.
The applications and information about the propos-
als are available for public inspection during regu-
laroffice hours at the Town of Vail Community De-
velopment Department, 75 South Frontage Road.
The public is invited to attend the project orienta-
In witness whereof I have here unto set m hand this da
y y,
tion and the site visits that precede the public
hearing in the Town of Vail Community Develop-
09/23/2015.
ment Department. Times and order of items are
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
information. Sign language interpretation is avail-
able upon request with 48-hour notification. Please
call (970) 479-2356, Telecommunication Device for
the Deaf (TDD), for information.
General Man ager/Publisher/Editor
Community Development Department
Vail Daily
Publishe) in the Vail Daily July 24, 2015
(11388022
Subscribed and sworn to before me, a notary public in and for
the County of Eagle, State of Colorado this day 09/23/2015.
� 2M 4,& 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
Ad Name: 11352216A
Customer: TOWN OF VAIL/PLAN DEPT/COMM
Your account number is- 1 OP2P33
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 1
consecutive insertions; and that the first publication of said
notice was in the issue of said newspaper dated 7/10/2015 and
that the last publication of said notice was dated 7/10/2015 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
07/10/2015.
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 07/10/2015.
� 2M 4,& 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 July 27, 2015 at 1:00
pm in the Town of Vail Municipal Building.
A request for the review of a variance from Section
12-18-9, Restoration, Vail Town Code, pursuant to
Chapter 12-17, Variances, Vail Town Code, to al-
low for a roof height of 18'-2" to exceed the exist-
ing roof height of 12' for the restoration of a non-
conforming structure, located at 1552 Matterhorn
Circle (Matterhorn Inn)/Unplatted, and setting forth
details in regard thereto. (PEC150025)
Applicant: Matterhorn Inn Home Owners Associa-
tion, represented by Current Architects
Planner: Jonathan Spence
A request for a final recommendation to the Vail
Town Council of a major amendment to Special
Development District No. 4, Cascade Village, pur-
suant to Section 12-9A-10, Amendment Proce-
dures, Vail Town Code, to allow for the redevelop-
ment of the former Cascade Village Theater and
Colorado Mountain College property to include 14
dwelling units, one (1) onsite Employee Housing
Unit and the preservation 4,087 square feet of ex-
isting commercial, retail and office space, located
at 1310 Westhaven Drive/Cascade Village, and
setting forth details in regard thereto. This project
was previously approved most recently in 2007 and
expired on June 1, 2015. (PEC150014)
Applicant: Ultimate Cascade LLC, represented by
Mauriello Planning Group
Planner: Jonathan Spence
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 July 10, 2015 in the Vail Daily.
(11352216)