HomeMy WebLinkAbout2015-0824 PECPLANNING AND ENVIRONMENTAL COMMISSION
Tt]WJ 9F August 24, 2015, 1:00 PM
Vail Town Council Chambers
75 S. Frontage Road - Vail, Colorado
Call to Order
Members Present: Henry Pratt, Kirk Hansen, Dick Cleveland, John Rediker, John Ryan
Lockman, Webb Martin, Brian Gillette
Site Visit: Morning Dew Capital Residence — 3030 Booth Creek Drive — Cancelled
2. A request for a final review of a variance from Sections 12-6C-6, Setbacks, Vail Town Code,
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a fifty (50) square foot
GRFA addition encroaching up to six (6) feet into the required fifteen (15) foot rear setback,
located at 3030 Booth Creek Drive/Lot 5, Block 4, Vail Village Filing 11, and setting forth
details in regard thereto. (PEC150026)
Applicant: Morning Dew Capital, represented by Krueger Architecture & Design
Planner: Jonathan Spence
Action: Approve with conditions
Motion: Cleveland Second: Rediker Vote: 7-0
Conditions:
1. Approval of this variance is contingent upon the applicant obtaining Town of Vail
design review approval for this proposal.
2. This approval does in no way authorize the use of the adjacent Town -owned
Streamtract for any purpose including construction staging. No mowing, removal of
vegetation, including willows, or building/development of any kind shall be
permitted on the Streamtract property.
Community Development Planner Jonathan Spence made a presentation as per staff
memorandum and gave a brief history of the construction of the residence in 1973/1974 and
the historical setback requirements.
Commissioner Pratt requested clarification that this house was originally built prior to the
change in setback from 10 feet to 15 feet and that this house was pre-existing to this change.
Spence confirmed that this house was originally built when the setback requirement was 10
feet.
Commissioner Lockman inquired about the requested GRFA as it does not match the
amount listed in the encroachment.
Spence clarified that the two do not match, but that the 50 square feet is actually the amount
of the encroachment and not the total requested new GRFA.
Commissioner Rediker inquired about exhibit A and where the exact location of the infill is
located and how far this encroaches into the 50 foot streamtract.
Spence indicated that this is the southeastern corner of the residence and that none of this
encroaches into the streamtract.
Applicant Representative, Karl Krueger, Kruger Architecture & Design indicated that they are
in agreement with the presentation by Jonathan Spence and also introduced the owner of
the property Tom Hackett.
Mr. Hackett indicated that he is in fact the owner of the parcel listed under Morning Dew
Capital.
Commissioner Rediker inquired as to the length of time Mr. Hackett has owned the property
and whether or not there is currently vegetation along the streambank. He also asked if the
owner had any current plans to modify this area.
Mr. Hackett stated that he has owned the property for approximately 2'/2 weeks. Currently
there is vegetation along the streambank and it is intended to be left alone.
Spence clarified that this is town owned streamtract and is a great example of a property not
making any improvements to this streamtract.
Commissioner Pratt clarified why the questions regarding streamtract were important to the
commission.
Commissioner Cleveland asked Spence if there is any reason to add a condition regarding
streamtract to the application.
Spence was requested to add this condition to every property that is contiguous to the
streamtract.
Commissioner Cleveland concurred with the requested condition.
Commissioner Martin inquired as to how the construction on the back side of the house
would take place and if there was any need for large equipment.
Krueger responded that there is a possibility that a small excavator may need to be brought
in for the excavation.
Commissioner Pratt opened the floor to the commissioners for comments.
Commissioner Gillette agrees with staff recommendations.
Commissioner Martin agrees with staff recommendations and believes the application meets
the requirements of the variance.
Commissioner Rediker stated that the need for variance is very minor in nature and fits
within the criteria for the variance as indicated by staff recommendation.
Commissioner Cleveland agrees with staff recommendations and construction does not
extend beyond the current footprint. Agrees that this application meets the criteria.
Commissioner Hansen supports staff recommendation on this application.
Commissioner Lockman agrees with staff recommendation and that this application meets
the criteria of the variance.
Commissioner Pratt agrees with staff recommendation and believes that because the house
was built prior to the change in setback that this variance is appropriate.
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 September 14, 2015
Motion: Hansen Second: Cleveland Vote: 7-0
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 September 14, 2015
Motion: Hansen Second: Cleveland Vote: 7-0
5. 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: Withdrawn
6. Approval of Minutes
July 27, 2015
Action: Approve
Motion: Rediker Second: Gillette Vote: 6-0-1 (Martin abstained)
August 10, 2015
Action: Approve
Motion: Rediker
abstained)
Second: Gillette Vote: 5-0-2 (Pratt, Cleveland
7. Informational Update
Planner Spence informed the Commission that the September 14, 2015 meeting may have a
significant number of applications and that the parking will be under construction.
8. Adjournment
Motion: Cleveland Second: Gillette Vote: 7-0
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
TO6'UPJ OF VAdL.
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: August 24, 2015
ITEM/TOPIC: A request for a final review of a variance from Sections 12-6C-6, Setbacks, Vail
Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a fifty (50) square
foot GRFA addition encroaching up to six (6) feet into the required fifteen (15) foot rear setback,
located at 3030 Booth Creek Drive/Lot 5, Block 4, Vail Village Filing 11, and setting forth details in
regard thereto. (PEC150026)
ATTACHMENTS:
ame:
PEC150026 Memo.pdf
D PEC150026 Attachments A and B.
D PEC150026 Attachments C and D.pdf
Description:
Staff Memorandum
Attachments A and B to Staff Memorandum
Attachements C and D to Staff Memorandum
0. )rowN of vain
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: August 24, 2015
SUBJECT: A request for a final review of a variance from Section 12-6C-6, Setbacks, Vail
Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow
for a fifty (50) square foot GRFA addition encroaching up to six (6) feet into the
required fifteen (15) foot rear setback, located at 3030 Booth Creek Drive/Lot
5, Block 3, Vail Village Filing 11, and setting forth details in regard thereto.
(PEC150026)
Applicant: Morning Dew Capital, represented by Krueger Architecture &
Design
Planner: Jonathan Spence
I. SUMMARY
The applicant, Morning Dew Capital, represented by Krueger Architecture & Design, is
requesting a setback variance to allow for an addition into the rear setback area at 3030
Booth Creek Drive. 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, conditions, 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
The applicant, Morning Dew Capital, represented by Krueger Architecture & Design, is
requesting a setback variance to allow for an addition into the rear setback area at 3030
Booth Creek Drive. The subject property is a two-story single family home originally built
as a duplex in 1973 and converted to a single family in 1987. The property is located in
the Two -Family Residential (R) Zone District. The applicant is proposing to infill under an
existing second floor cantilevered space. The infill is within the footprint of the existing
home, is within allowable GRFA and will not increase site coverage. The infill is
approximately 50 square feet and encroaches into the rear setback at the same distance as
the existing structure. Please see sheets A1.1 and A2.1 of the included plan set
(Attachment 4) dated 08-11-2015.
The infill generating the variance request is one component of a larger remodel project that
includes a new single car garage, additional living space over the existing two car garage
and changes to the windows and siding materials. The property is located adjacent to Town
owned streamtract and is not impacted by either the 100 -year flood plain or the 50'
watercourse setback from Gore Creek.
BACKGROUND
The Vail Village Filing 11 subdivision was approved by the Eagle County
Commissioners and recorded in 1971. The property was annexed into the Town of Vail
in 1972. The residence was approved by the Town of Vail and constructed in 1973 as a
duplex. At that time, the required side setback was 10' in the two-family Residential (R)
Zone District and the home was constructed 9.3' from the south (rear) property line and
8.5' and 9.3' from the east and west side property lines, respectively. Subsequent to the
construction of the home, Ordinance No. 50, Series 1978, increased the required side
setback in the Two -Family Residential (R) Zone District to 15'. This ordinance increased
setback requirements in all residential zone districts existing at that time.
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
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.
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)
ARTICLE 12-6C: TWO-FAMILY RESIDENTIAL (R) DISTRICT (in part)
12-6C-1: The two-family residential district is intended to provide sites for low density
single-family or two-family residential uses, together with such public facilities as may be
appropriately located in the same zone district. The two-family residential district is
intended to ensure adequate light, air, privacy and open space for each dwelling,
commensurate with single-family and two-family occupancy, and to maintain the desirable
residential qualities of such sites by establishing appropriate site development standards.
12-6C-6. Setbacks. In the R district, the minimum front setback shall be twenty feet (20),
the minimum side setback shall be fifteen feet (15), and the minimum rear setback shall
be fifteen feet (15).
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: 3030 Booth Creek Drive
Legal Description: Lot 5, Block 3, Vail Village Filing 11
Zoning: Two-family Residential District
Land Use Plan Designation: Low Density Residential Current
Land Use: Single Family Residential
Geological Hazards: None
Standard
Allowed/Reauired
Existina
Proposed
Density: (max GRFA) 7,302 sq. ft.
6,536 sq. ft.
6,778 sq. ft.
Building Height:
33 ft.
25 ft.
25 ft.
Site Coverage:
4,234 sq. ft.
3,875 sq. ft.
4,221 sq. ft.
Landscape
12,702 sq. ft.
±14,000 sq. ft.
TBD
Parking
>_5,500 GRFA, 5 spaces
5 spaces
7 spaces
Setbacks:
South:
15 ft. (rear)
9.3 ft.
No change*
West:
15 ft. (side)
8.5 ft.
No change
East:
15 ft. (side)
9.3 ft.
No change
North:
20ft. (front)
124 ft.
100 ft.
*Although the project does not result in a change in the existing setbacks, it does result in
development within the required 15' rear setback.
VI. SURROUNDING LAND USES AND ZONING
Existing Use
North:
1-70 ROW
South:
Streamtract
East:
Single-family Residential
West:
Single-family Residential
VII. REVIEW CRITERIA
Zoning District
None
Natural Area Preservation District
Two-family Residential District
Two-family Residential District
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 subject property, Lot 5, is located within a residential development bordered on the
east and west by other single family homes and on the south by Town owned
Streamtract. The proposed 50 square foot addition would occur on the first story under an
existing, cantilevered, second story space. The addition will be completely within the
existing building footprint and will not increase site coverage nor diminish landscape area.
The addition is designed to blend seamlessly into the existing structure architecturally
upon the completion of the project and will have little effect on the perceived mass and
scale of the building
Therefore, 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.
The original home was constructed within the Town of Vail in 1973 under the Two-family
Residential (R) Zone District regulations. The setback regulations at that time required a
10 foot side setback that the building design and construction generally complied with.
The home subsequently became legal nonconforming in 1978 when the side setback
was increased in the Two-family Residential (R) Zone District to 15 feet. Property owners
in the vicinity whose original homes were built prior to 1978, but meeting the revised 15
feet setback regulation, are able to pursue building additions and design modifications
utilizing the existing footprint and foundation. Unlike other properties in the vicinity, a
variance is necessary to pursue similar building improvements on the subject property. In
contrast to demo/rebuild where compliance with today's standards are required and
expected, the circumstances related to this property, namely the existing construction in
tandem with the change in the regulation, warrant relief.
The proposed infill will improve the functionality and value of the home, an upgrade
supported by Land Use Plan Goal 1.3. Staff believes the proposed variance is consistent
with the goals of the Town of Vail Land Use Plan and purposes of the Two-family
Residential District as identified in Section IV of this memorandum.
Therefore, Staff believes the proposed relief from the setback regulations is necessary to
achieve compatibility and uniformity of treatment among sites in the vicinity and to attain
the objectives of this title 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.
The proposed variance will facilitate an addition in the rear setback area 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, conditions, a
variance from Sections 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17,
Variances, Vail Town Code, to allow for a fifty (50) square foot GRFA addition
encroaching up to six (6) feet into the required fifteen (15) foot rear setback, located at
3030 Booth Creek Drive/Lot 5, Block 3, Vail Village Filing 11, 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.
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 applicants'request for a
variance from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17,
Variances, Vail Town Code, to allow for an addition within the rear setback area, located
at 3030 Booth Creek Drive, Nail Village Filing 11, Lot 5, Block 3, 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 conditions:
1. Approval of this variance is contingent upon the applicant obtaining Town of
Vail design review approval for this proposal.
2. This approval does in no way authorize the use of the adjacent Town -owned
Streamtract for any purpose including construction staging. No mowing,
removal of vegetation, including willows, or building/development of any kind
shall be permitted on the Streamtract property.
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 August 24, 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 Two-family
Residential 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 Two-family Residential 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 Two-family Residential District
IX. ATTACHMENTS
A. Vicinity Map
B. Photographs
C. Applicants' Request
D. Architectural Plans
♦,
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KRUEGER ARCHITECTURE & DESIGN
PO Box 8332 Avon CO 81620 - 970-390-0968 - pavan@kruegerarchitecture.com
3030 BOOTH CREEK DRIVE PEC VARIANCE NARRATIVE- 8-12-15
Tom Hackett and his wife Kim are purchasing the property at 3030 Booth Creek Drive in order to
combine households in Vail. Kim currently lives in Carbondale, and is looking forward to becoming a full-
time Vail resident.
Tom and Kim plan to renovate the exterior of the house, and add some additional space to
accommodate their family. All additions will be within allowed GRFA, site coverage and setbacks. There
are encroachments into the side and rear property setbacks currently. There will be no change to these
areas, other than possible window and finish changes.
There is one existing encroachment that occurs at the second story, which is open at the first level,
except for structural posts that also encroach. Because the stepped back area below makes the space
difficult to use, Tom and Kim would like to fill in the area below the existing overhang. This will not
increase the extent of the encroachment, and will add approximately 50 sf of GRFA. The measurement
from the existing posts to the proposed corner of the new building is approximately 4' on each side. It is
a small area, but it is very impactful to the interior.
The overall renovation of this house, while only minimally visible from the street and adjacent
neighbors, will create a more attractive property, which will benefit the community as a whole.
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.
Other similar variances have been allowed in this area, and there appear to be several
encroachments on rear (stream) property lines on this street, so we find that this variance request
does not grant special privilege. The Hacketts are dealing with a pre-existing condition that they are
trying to improve.
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.
As this area of the house is at the backside, and is not visible from the street or from either
neighbor's house (due to heavy vegetation and orientation), this will not have any impact on the
public, traffic flow, light and air, or development objectives of the Town. The encroachment is well
removed from the stream setback. The change will be minimally visible from the creek, though it is
largely blocked from view by willows along the banks. The change will be visible from afar from the
bike path.
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.
The proposed addition below the existing encroachment avoids practical difficulty in effectively
occupying the house for the Hacketts. The space as currently configured does not work as a bath
or bedroom, and the Hacketts would like their bed or bath to be on the creek.
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.
By the Town of Vail's interpretation of site coverage including any overhangs greater
than 4', the current encroachment already constitutes site coverage, so filling in the
area below does not add to site coverage. Other properties in the same zone district
appear to have encroachments on the rear property line similar to the variance
requested.
GRFA:
Front
Zoning:
Two Family Residential
Lot size:
21,170 sf
Acres:
.4681 acres
Allowed GRFA:
7,302 sf
Existing GRFA:
6,536 sf
Proposed GRFA:
6,778 sf
Amount of GRFA to
be added with this variance would be 50 sf, but the variance is part of an overall
renovation that amounts to a total effective GRFA of 6,778.
Main: 4,221 sf (includes garage)
Upper: 3,757 sf (includes spaces over 16' tall)
Total: 7,978 sf
Garage deduct: 1,200 sf
Effective GRFA: 6,778 sf
Site Coverage:
Allowed: 20% = 4,234 sf
Existing: 3,875 sf
Proposed: 4,221 sf
Landscaping:
Required: 12,702 sf
Proposed: 13,759 sf
Setbacks:
Front
Min:
20'
Existing:
124'
Proposed:
100'
Side:
Rear:
15'
15'
8.5'/9.3'
9.3'
no change
no change
Note: It was requested by Jonathan Spence that the existing stone walkway to the creek be removed by
the new owners. This will be completed as requested.
Improvement Location Certificate
Legal description:
Lot 5, Block 3, Vail Village Eleventh Filing, according to the plat recorded July 23, 1971, under
Reception No. 116816, Eagle County, Colorado.
I hereby certify that this IMPROVEMENT LOCATION CERTIFICATE was prepared for Christoper David Rozzwll,
Anne Marie Rozzell Land Title Guarantee Co., that it is not a land survey plat or improvement survey plat, and that it is not
to be relied upon for the establishment offence, building, or other future improvement lines.
I further certify that the improvements on the above described parcel on this date, April 14, 2015, except utility
connections, are entirely within the boundaries of the parcel except as shown, that there are no encroachments upon the
described premises by improvements on any adjoining premises, except as indicated, and that there are no apparent evidence
of any easement crossing or burdening any part of said parcel, except as noted.
Notes:
Recorded information and the legal description was provided by Land Title Guarantee Co.. The easements listed on Order
No. V50040880 that lie within the subject property and are described in a way that allows them to be drawn, are shown on
the drawing. �,��
119-29,
Apparent Enc —hme
Note: According to Colorado law, you must commence any legal action based upon any defect on this certificate within three years
after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten
years from the date of certification shown hereon.
Leland Lechner `f, 3`6946 County Rd. 356, Buena Vista, Co. 81211 ( 719 ) 395-9160
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Ad Name: 11466878A
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 1
consecutive insertions; and that the first publication of said
notice was in the issue of said newspaper dated 8/22/2015 and
that the last publication of said notice was dated 8/22/2015 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
09/02/2015.
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 09/02/2015.
� 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
PLANNING AND ENVIRONMENTAL
COMMISSION August 24, 2015, 1:OOPM
Vail Town Council Chambers
75S. Frontage Road -Vail, Colorado, 81657
1. Call to Order
Site Visit: Morning Dew Capital Residence - 3030
Booth Creek Drive
20 min
2. A request for a final review of a variance from
Sections 12-6C-6, Setbacks, Vail Town Code, pur
suant to Chapter 12-17, Variances, Vail Town
Code, to allow for a fifty (50) square foot GRFA ad
dition encroaching up to six (6) feet into the re
quired fifteen (15) foot rear setback, located at
3030 Booth Creek Drive/Lot 5, Block 4, Vail Village
Filing 11, and setting forth details in regard thereto.
(PEC150026)
Applicant: Morning Dew Capital, represented by
Krueger Architecture & Design
Planner: Jonathan Spence
60 min
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
5 min
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
suantto Section 12-9A-10, Amendment Proce
cures, 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
Applicant requests to table this item to September
14, 2015
5 min
5. 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 pri
vate school to establish the appropriate dimension
al standards for a proposed employee housing unit
(Headmasters House), apermitted use in the Gen
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
Mauriello Planning Group
Planner: Jonathan Spence
Withdrawn August 11, 2015
6. Approval of Minutes
7. Informational Update
8. Adjournment
The applications and information about the propos
als are available for public inspection during regu
lar office hours at the Town of Vail Community De
veIopment Department, 75 South Frontage Road.
The public is invited to attend the project orienta
tion and the site visits that precede the public hear
ing in the Town of Vail Community Development
Department. Times and order of items are approx
innate, subject to change, and cannot be relied up
on to determine at what ti me the Planning and En
vironmental Commission will consider an item.
Please call (970)479-2138 for additional informa
tion. 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 August 22, 2015.
(11466878)
Ad Name: 11466878A
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 8/22/2015 and
that the last publication of said notice was dated 8/22/2015 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
09/25/2015.
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 09/25/2015.
� 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
PLANNING AND ENVIRONMENTAL
COMMISSION August 24, 2015, 1:OOPM
Vail Town Council Chambers
75S. Frontage Road -Vail, Colorado, 81657
1. Call to Order
Site Visit: Morning Dew Capital Residence - 3030
Booth Creek Drive
20 min
2. A request for a final review of a variance from
Sections 12-6C-6, Setbacks, Vail Town Code, pur
suant to Chapter 12-17, Variances, Vail Town
Code, to allow for a fifty (50) square foot GRFA ad
dition encroaching up to six (6) feet into the re
quired fifteen (15) foot rear setback, located at
3030 Booth Creek Drive/Lot 5, Block 4, Vail Village
Filing 11, and setting forth details in regard thereto.
(PEC150026)
Applicant: Morning Dew Capital, represented by
Krueger Architecture & Design
Planner: Jonathan Spence
60 min
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
5 min
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
suantto Section 12-9A-10, Amendment Proce
cures, 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
Applicant requests to table this item to September
14, 2015
5 min
5. 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 pri
vate school to establish the appropriate dimension
al standards for a proposed employee housing unit
(Headmasters House), apermitted use in the Gen
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
Mauriello Planning Group
Planner: Jonathan Spence
Withdrawn August 11, 2015
6. Approval of Minutes
7. Informational Update
8. Adjournment
The applications and information about the propos
als are available for public inspection during regu
lar office hours at the Town of Vail Community De
veIopment Department, 75 South Frontage Road.
The public is invited to attend the project orienta
tion and the site visits that precede the public hear
ing in the Town of Vail Community Development
Department. Times and order of items are approx
innate, subject to change, and cannot be relied up
on to determine at what ti me the Planning and En
vironmental Commission will consider an item.
Please call (970)479-2138 for additional informa
tion. 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 August 22, 2015.
(11466878)