HomeMy WebLinkAbout2017-0109 PEC0PLANNING AND ENVIRONMENTAL COMMISSION
TOWN Of VA10 January 9, 2017, 1:00 PM
Vail Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
1. Call to Order
Members Present: Chairman John Rediker, Brian Gillette, Kirk Hansen, Ludwig Kurz, John Ryan Lockman,
Henry Pratt, and Brian Stockmar
2. A request for the review of three (3) variances in accordance with the provisions of Section 12-17, Variances, Vail
Town Code. These variances include: (1) a variance from Section 12-6D-6 Setbacks, Vail Town Code, to allowfor
construction of an addition with a two -foot seven-inch (2'-7") front setback where twenty (20) feet is required;
(2) a request for the review of a variance from Section 14-3-2-D Snow Storage, Vail Town Code, to allowsnow
storage within town right-of-way where no snowstorage is allowed; (3) a requestfor the reviewof a variance
from Section 14-3-2-F Location, Vail Town Code, to allow parking spaces within the Arosa Drive right-of-way
where no parking is allowed, located at 2668 Arosa Drive / Lot 5, Block D, Vail Ridge Subdivision, and setting forth
details in regard thereto. (PEC16-0039)
Applicant: Robertand Mary Lou Armour, represented by Peel/LangenwalterArchitects
Planner: Brian Garner
Action:
Motion:
Conditions:
Approve, with Conditions
Kurz Second: Hansen Vote: 7-0-0
1. Approval of these variances is contingent upon the applicant obtaining Town of
Vail design review approval for this proposal.
2. Approval of these variances is contingent upon the applicant obtaining a
revocable license agreement from the Department of Public Works for use of
town right-of-way for two parking spaces and snow storage.
3. This approval does in no way authorize the use of the adjacent town -owned
right-of-way for any purpose beyond paving for the driveway and parking as
identified on the renovation and addition plans dated 12-05-2016 by
Peel/Langenwalter Architects, LLC. No additional improvements of any kind
shall be permitted in the town -owned right-of-way.
Referencing a PowerPoint presentation, Town Planner Brian Garner summarized the requested variances.
The project includes an addition to the front of the house, including a new garage with GRFA above the
ground floor. Preexisting conditions preclude other development options. The neighbors support the
request. The existing decks and staircases encroach into the front setback. The addition will be as close as
2'-7" to the front property line, but there is still approximately 30' to the pavement of Arosa Drive. Snow
storage will be located in the Town right-of-way.
Hansen — Has Public Works reviewed the project? Garner confirmed it has been reviewed by Public Works.
Gillette asked for clarification as to where the road was within the right-of-way.
Pratt - Has the Town ever revoked a revocable right-of-way permit?
Rediker— Has Arosa Drive ever been shifted? Or has it always been in the same place?
Stockmar — It appears most of the lot is undevelopable. There is a limited buildable footprint.
Rediker— Is the Town Attorney aware of what will occur in the right-of-way? Garner responded "Yes"
The applicant, Kathy Langenwalter, stated she did not have a presentation to add, but can confirm Arosa
Drive has been in the same location since at least 1975. She also confirmed that the Town Attorney is
aware of the proceedings and she has met with Public Works.
Public Comment: There was no public comment.
Lockman — Finds the requested variations meet the criteria. There should not be a negative impact on the
neighborhood.
Hansen — Concurs with Lockman. Sees no special privilege in granting the variations.
Kurz — Concurs with Lockman and Hansen. Asked if this will set a precedent. Garner stated that the
criteria is unique when applied to each property and this is a unique case.
Pratt — There are site constraints that prevent other locations for the garage. Worried about relying on
revocable right-of-way permit for their parking, but finds that the variances meet the criteria.
Gillette — Asked if this will appear before the DRB. Garner responded "Yes".
Stockmar — Concurred with other Commissioners. The variances are appropriate and necessary based on
the site constraints.
Rediker — The site is very unique. There are unique topographical challenges that warrant the granting of
the variances. Agrees with the findings in the staff memo and oncurs with Commissioner Pratt's
comments regarding reliance on the revocable right-of-way permit for parking.
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
Planner:
Action:
Motion:
Jonathan Spence
Continue to the January 23, 2017 PEC Meeting
Kurz Second: Lockman Vote: 7-0-0
Jonathan Spence introduced the project. Today's meeting is a work session, no specific action will be
taken today. Spence summarized what special development districts are and their approval process. The
project is located within the Housing zone district, which requires a development plan. The Housing zone
district also requires that the PEC prescribe certain development standards: lot area and site dimensions,
building height, and density controls (GRFA or DUs/Acre). Other standards are already prescribed within
the Vail Town Code.
Hansen and Rediker — Asked for clarification as to the standards the PEC will prescribe.
George Ruther, Director of Community Development, Will Hentschel of 359 Design and Michael O'Connor
of Triumph Development were present as representatives of the development team. Ruther referenced a
memo that outlines how the project complies with the applicable criteria. The team expects to ask for a
final recommendation from the PEC in two weeks. The goal is for the homes to be complete by the end of
the year.
Will Hentschel of 359 Design described the project in more detail through the use of a visual presentation.
Topics included: project guidelines and goals, existing site conditions, unit count, size and design, site
access, roadway design, driveways and parking, landscaping and open space, grading and building
orientation, roof design, vehicular and pedestrian circulation, and floor plans and elevations.
Gillette — Asked about context sensitive design.
Hansen — Asked if street, curb, and sidewalk will belong to the Town. Will Hentschel responded that they
will be owned by an HOA.
Gillette — Asked for the total amount of bedrooms.
Gillette — Commented that the location of the open space may not be ideal.
Hansen — Asked about the possibility of solar on the roofs.
Gillette — Asked if parking met zone district requirements. Spence responded "Yes".
Hansen — Asked about how the units will be heated or cooled. Will Hentschel responded that it will be
forced air.
Gillette — Sustainable housing at an 8,000 foot elevation should not require central air.
Kurz —Asked about ceiling heights. Will Hentschel responded that the ceiling height is nine feet (9').
Gillette — Asked if the units will be able to pass the blower(?) test.
Pratt — Asked about accessibility requirements and for the location and amount of snow storage.
Rediker — Suggested elimination of snow storage near the entrance to the project for safety reasons.
Hansen —Asked if the program is finalized. Ruther responded that it is finalized.
Gillette — Concerned that the site is being underdeveloped, especially considering the Town's goal of 1,000
deed restrictions within ten years. Ruther stated that this project is for a specific market. Gillette stated
that the west portion of the site should be denser.
Rediker — Asked about interior storage in the units. Will Hentschel described the storage in each unit type.
Rediker — Asked about the building heights along the rear of the site, adjacent to Chamonix Lane.
Gillette — Suggested moving the buildings to provide more buffer from the gas station.
Rediker — Asked for clarification as to how GRFA will be approved, by unit or as one total number. Ruther
responded that both will be used.
Pratt — It seems onerous to require owners to come back to the PEC for future changes or additions and
there should be some built in flexibility, as long as it is not a garage conversion.
Lockman —Though it is not the PEC's role, feels that there should be increased density. Given their
direction, feels the plan is good. Asked if there are estimated HOA fees. Encouraged the team to research
all energy efficiency incentives up front. Suggested an integrated radon mitigation system.
Public Comment: There was no public comment.
Stockmar — No comments at this time.
Gillette — No new comments.
Pratt — Agrees with Commissioner Gillette's comments about density, but it is not the PEC's responsibility
to decide the policy for the site. Likes the plan and product. Is concerned about the practicality of the
proposed snow storage.
Kurz — It was decided by Town Council that fewer units were more appropriate in consideration of the
surrounding area.
Hansen — It's a good project for the market the Town is looking to house.
Lockman — No additional comments.
Rediker — Concurs with Commissioner Gillette's concerns about density, but it is not in the PEC's purview.
Concurs Commissioner Pratt's concerns about snow storage. Is concerned that the amount of guest
parking spaces may be insufficient. Asked if this might be an opportunity for the Town to provide public
sidewalks along the north side of the road.
Gillette — Recommended that the HOA documents prevent people from storing cars in the guest parking
for more than 24 hours.
4. A request for a variance from Section 14-6-7, Vail Town Code, pursuant to Section 14-1-5, Variances, Vail Town
Code, and in accordance with Section 12-17, Variances, Vail Town Code, to allow for retaining walls with an
exposed face height greater than three feet (3') in the front setback, located at 1255 Westhaven Circle/Lot 45,
Glen Lyon Subdivision and setting forth details in regard thereto. (PEC16-0036)
Application has been Withdrawn
Applicant: Westhaven LLC and Jamie Lipnick, represented by KH Webb Architects
Planner: Matt PanfiI
5. Approval of Minutes
December 12, 2016 PEC Meeting Results
Action: Approve
Motion: Gillette Second: Stockmar Vote: 7-0-0
6. Informational Update
Environmental Sustainability- Storm Water Education - 15 min.
Pete Wadden, Watershed Education Coordinator, made a presentation regarding stormwater education.
Topics included: a review of aquatic insect scores, stormwater pollution from drainage from impervious
surfaces, the difference between sanitary and storm sewers, filtering stormwater runoff vs. moving
stormwater runoff into ditches or pipes as quickly as possible, the Town's future marketing plans for
stormwater education, and enforcement.
Rediker — Asked how many storm drains are in the Town. Wadden estimated approximately 10,000.
Rediker asked if they are located mostly on private or public property. Wadden responded they are
located on both. Rediker asked for specifics of what is illegal to dump down storm drains and how
practical it is to install sand and oil filters on Town property. Wadden stated that the sand and oil filter
vaults can be expensive. It is probably not practical to install one for all storm drains, but there are some
locations that are worth examining.
Lockman — Concerned about the number of locations where pollutants may be entering Gore Creek.
Educate the public about the hazardous waste facility in Wolcott, or can the Town help people dispose of
such materials? If the punishment was so severe, it can scare people from illegal dumping.
Gillette — We should increase our contact with likely polluters such as rug cleaners, contractors, etc.
7. Adjournment
Action: Adjourn
Motion: Lockman Second: Hansen Vote: 7-0-0
The applications and information about the proposals are available for public inspection during regular office
hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited
to attend the project orientation and the site visits that precede the public hearing in the Town of Vail
Community Development Department. Times and order of items are approximate, subject to change, and
cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an
item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon
request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD),
for information.
Community Development Department
TOWN OF VA10
VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO
MEETING DATE: January9, 2017
ITEM/TOPIC:
A request for the review of three (3) variances in accordance with the provisions of Section 12-17,
Variances, Vail Town Code. These variances include: (1) a variance from Section 12-6D-6
Setbacks, Vail Town Code, to allow for construction of an addition with a two -foot seven-inch (2'-
7") front setback where twenty (20) feet is required; (2) a request for the review of a variance from
Section 14-3-2-D Snow Storage, Vail Town Code, to allow snow storage within town right-of-way
where no snow storage is allowed; (3) a request for the review of a variance from Section 14-3-2-
F Location, Vail Town Code, to allow parking spaces within the Arosa Drive right-of-way where no
parking is allowed, located at 2668 Arosa Drive / Lot 5, Block D, Vail Ridge Subdivision, and
setting forth details in regard thereto. (PEC16-0039)
ATTACHMENTS:
File Name
PEC 16-0039_Memo. pdf
A. Vicinity_Map.pdf
B.—Site Photos.pdf
C. Applicants_Narrative_Request.pdf
D._2668_Arosa_Plans. pdf
PEC16-0039_Public_Comments. pdf
Description
PEC16-0039 Staff Memo
A. Vicinity Map
B. Site Photos
C. Applicant Narrative Request
D. Architectural Plans
Public Comments
VAIL }
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 9, 2017
SUBJECT: A request for the review of three (3) variances in accordance with the
provisions of Section 12-17, Variances, Vail Town Code. These variances
include: (1) a variance from Section 12-6D-6 Setbacks, Vail Town Code, to
allow for construction of an addition with a two -foot seven-inch (2' — 7") front
setback where twenty (20) feet is required; (2) a request for the review of a
variance from Section 14-3-2-D Snow Storage, Vail Town Code, to allow snow
storage within town right-of-way where no snow storage is allowed; (3) a
request for the review of a variance from Section 14-3-2-F Location, Vail Town
Code, to allow parking spaces within the Arosa Drive right-of-way where no
parking is allowed, located at 2668 Arosa Drive / Lot 5, Block D, Vail Ridge
Subdivision, and setting forth details in regard thereto. (PEC16-0039)
Applicant: Robert and Mary Lou Armour, represented by Peel Langenwalter
Architects
Planner: Brian Garner
I. SUMMARY
The applicants, Robert and Mary Lou Armour, represented by Peel/Langenwalter
Architects, are requesting three variances: 1.) a setback variance to allow for a building
addition in the front setback area; 2.) a variance to allow snow storage in town right-of-
way; and 3.) a variance to allow parking in town right-of-way at 2668 Arosa 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, with 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' requests (Attachment C), and proposed architectural
plans (Attachment D) are attached for review.
II. DESCRIPTION OF REQUEST
The applicants, Robert and Mary Lou Armour, represented by Peel/Langenwalter
Architects, are requesting three variances: a setback variance to allow for a building
addition in the front setback area, and variances to allow for parking and snow storage in
town right-of-way, at 2668 Arosa Drive. The applicant is proposing to add a two -car
enclosed garage with two floors of gross residential floor area (GRFA) above the garage
and are requesting a variance for the proposed structure with a 2' — 7" front setback where
20 feet is required, thereby necessitating a request for a 17' — 5" variance from the front
setback standard. Additionally, variances are requested to allow for parking and snow
storage in the Arosa Drive right-of-way, owned by the Town of Vail. Due to the steep terrain
surrounding the existing residence, the building addition is proposed to be attached to the
front of the existing structure, adjacent to Arosa Drive, where the topography is relatively
flat.
The proposed addition includes 1,841 net new square feet, 589 square feet of which is net
new GRFA. Within the front setback, each of the upper two floors would contain 166 square
feet of GRFA and 104 square feet of second level deck. 406 square feet of garage
structure and 77 square feet of GRFA is within the front setback of the first level. The total
proposed GRFA for the site is 2,946 square feet, well below the maximum 7,448 square
feet allowed within the Two -Family Primary/Secondary Residential (PS) District, as
established by Section 12 -6D -8-B, Vail Town Code. The proposed addition will have a
negligible impact to site coverage as the lot contains 22,290 square feet. Please see sheet
Al of the included plan set (Attachment D) dated 12-05-2016.
The applicants are proposing improvements including two 9' x 19' paved parking spaces
and snow storage in the town right-of-way, located between the front property line of Lot 5
and the concrete pan of Arosa Drive, a distance of approximately 27 feet. The Vail Town
Code requires snow storage and parking to be located entirely on the private lot and not in
town right-of-way. Therefore, the applicants are requesting a variance from the on-site
snow storage requirement as well as a variance from the on-site parking requirement.
The building addition is proposed to include a new two -car garage, added living space to
the primary and secondary units, an elevator for the primary unit, and a new covered
exterior stairway providing access to both units. The property is located adjacent to Arosa
Drive to the south and the North Frontage Road West to the east and contains steep slopes
on three sides of the structure. The property is not impacted by geologic hazards.
III. BACKGROUND
Lot 5, Block D of the Vail Ridge subdivision was approved by the Eagle County
Commissioners and recorded in 1965. The property was annexed into the Town of Vail
in 1986. The subject property is a three-story duplex constructed in 1970 under the
jurisdiction of Eagle County. The property is located in the Two -Family Primary/
Secondary (PS) Residential District. Today, the primary structure is located 27' — 8"
from the front property line with a front deck and stairs encroaching approximately 5'
into the front setback, on average. The house was built into the hillside with fairly steep
grades surrounding the structure. Retaining walls constructed of stone and concrete and
mature landscaping are located in the front and side yards near the house. The area in
front of the house and located within town right-of-way is asphalt -paved the length of the
property frontage. The remainder of the lot remains in a natural state consisting of
native grasses, trees and shrubs.
IV. APPLICABLE PLANNING DOCUMENTS
Staff believes the 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.
1.6. Development proposals on the hillsides should be evaluated on a case by case
basis. Limited development may be 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.
1.11. 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).
5. Residential
5.1. Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not exist.
5.4. Residential growth should keep pace with the market place demands for a full
range of housing types.
CHAPTER VI, SECTION 4, PROPOSED LAND USE CATEGORIES (in part)
MDR Medium Density Residential
The medium density residential category includes housing which would typically be
designed as attached units with common walls. Densities in this category would range
from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category
would include private recreation facilities, private parking facilities and institutional/ public
uses such as parks and open space, churches and fire stations.
Title 12, Zoning Regulations, Vail Town Code (in part)
ARTICLE 12-6D: TWO-FAMILY PRIMARY SECONDARY RESIDENTIAL (PS DISTRICT
(in part)
12-6D-1: The two-family primary/secondary residential district is intended to provide sites
for single-family residential uses or two-family residential uses in which one unit is a larger
primary residence and the second unit is a smaller caretaker apartment, together with
such public facilities as may appropriately be located in the same zone district. The two-
family primary/secondary 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.
12-6D-6: Setbacks: In the primary/secondary residential 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.
Title 14, Development Standards, Vail Town Code (in part)
ARTICLE 14-1-5: VARIANCES (in part)
Variances to the development standards may be allowed when practical difficulties and
unnecessary physical hardships inconsistent with the purpose and intent of the
development standards exist. Variances from the development standards shall be in
accordance with title 12, chapter 17 of this code. The issuance of a variance shall not
compromise the safety of a site or structure.
V. SITE ANALYSIS
Address: 2668 Arosa Drive
Legal Description: Lot 5, Block D, Vail Ridge Subdivision
Zoning: Two -Family Primary/Secondary Residential District
Land Use Plan Designation: Medium Density Residential
Current Land Use: Single Family Residential
Geological Hazards: Steep Slopes
Standard
Allowed/Reauired
Existina
Proposed
Density: (max GRFA) 7,448 sq. ft.
2,357 sq. ft.
2,946 sq. ft.
Building Height:
33 ft.
26 ft.
26'— 5"
Site Coverage:
4,458 sq. ft.
1,351 sq. ft.
2,122 sq. ft.
Landscape
13,374 sq. ft.
20,939 sq. ft.
20,168
Parking
2,000-4,000 GRFA, 3
8 spaces
5 spaces
spaces
Setbacks:
South:
20 ft. (front)
27'— 7"
2' -7"
West:
15 ft. (side)
23'— 6"
22'— 2"
East: 15 ft. (side) 35' — 4" 23' — 9"
North: 15ft. (rear) 165 ft. No Change
VI. SURROUNDING LAND USES AND ZONING
VII. REVIEW CRITERIA
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 is located within a residential development bordered on the north,
south, and west by other single and two-family homes and on the east by town owned
right-of-way, North Frontage Road West. The proposed variances to accommodate a
building addition would allow an enclosed garage adjacent to the right-of-way, similar to
the other homes in the vicinity. A garage would allow the enclosed storage of vehicles
and reduce the paved surface area in front of the home by 783 sq. ft. and return some of
the property frontage to a more natural state.
The Arosa Drive right-of-way width is fifty (50) feet, but the pan -to -pan (concrete gutter
drains on either side of the asphalt) is approximately thirty (30) feet wide with the surface
beyond in a natural or landscaped condition. As a result, the perceived right-of-way is
smaller than actual, while the perceived building setback of the subject property is greater
than actual. Should the variance be granted to allow the building addition in the front
setback, there would be an insignificant visual impact as the new structure would still
have a thirty (30) foot setback from the concrete pan. Therefore, the perceived building
setback would be approximately the same as other structures in the neighborhood.
Therefore, Staff finds 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.
Existing Use
Zoning District
North:
Single Family Residential
Two -Family Primary/Secondary
South:
Arosa Drive
N/A
East:
North Frontage Road West
N/A
West:
Single Family Residential
Two -Family Primary/Secondary
VII. REVIEW CRITERIA
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 is located within a residential development bordered on the north,
south, and west by other single and two-family homes and on the east by town owned
right-of-way, North Frontage Road West. The proposed variances to accommodate a
building addition would allow an enclosed garage adjacent to the right-of-way, similar to
the other homes in the vicinity. A garage would allow the enclosed storage of vehicles
and reduce the paved surface area in front of the home by 783 sq. ft. and return some of
the property frontage to a more natural state.
The Arosa Drive right-of-way width is fifty (50) feet, but the pan -to -pan (concrete gutter
drains on either side of the asphalt) is approximately thirty (30) feet wide with the surface
beyond in a natural or landscaped condition. As a result, the perceived right-of-way is
smaller than actual, while the perceived building setback of the subject property is greater
than actual. Should the variance be granted to allow the building addition in the front
setback, there would be an insignificant visual impact as the new structure would still
have a thirty (30) foot setback from the concrete pan. Therefore, the perceived building
setback would be approximately the same as other structures in the neighborhood.
Therefore, Staff finds 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 in 1970 under the jurisdiction of Eagle County and
subject to County standards in place at that time. The home subsequently became legal
nonconforming in 1986 when the subject property was annexed into the Town of Vail and
development standards were enacted as the Two -Family Primary/Secondary (PS)
Residential District, as a small portion of the structure encroaches into the front building
setback. All other aspects of the property are conforming.
The subject property contains ample space for improvements on the north side of the
structure that would not necessitate variances. However, steep grades preclude access
to and development of that area and there is no practical way to expand the existing
residence from that location. Today, there is an average of 21' vertical difference from
the grade at Arosa Drive to the grade at the rear of the existing structure, resulting in an
average slope of 26%. Aside from the proposed plans, any addition to the structure
would require significant site disturbance and would result in a greater impact to adjacent
properties than the proposed development with variances, due to the steep topography
surrounding the structure. The proposed project is a practical solution to a demonstrated
hardship consisting of preexisting conditions and steep topography, the proposal also
provides a benefit to the community by getting more vehicles stored inside and reduces
the amount of asphalt along Arosa Drive.
In contrast to demo/rebuild where compliance with today's standards is required, the
circumstances related to this property, specifically the structure preceding Town of Vail
development standards in conjunction with the topography, warrant relief.
The proposed project will improve the functionality and value of the home, an upgrade
supported by Land Use Plan Goal 1.3: The quality of development should be maintained
and upgraded whenever possible. Staff believes the proposed variance is consistent with
the goals of the Town of Vail Land Use Plan and purposes of the Two -Family Primary
Secondary District as identified in Section IV of this memorandum.
Therefore, Staff finds the proposed relief from the identified development standards 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 a building addition in the front 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.
The Town's Department of Public Works has reviewed the proposal and does not object
to the plans as long as variances are obtained for the improvements in town right-of-way
in conjunction with a revocable license agreement. Should variances be granted for
parking and snow storage in town right-of-way, sufficient space remains outside the
Arosa Drive travel lanes to accommodate these uses without conflict.
Therefore, Staff finds 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 conditions, of a
variance from Section 12-6D-6 Setbacks, Vail Town Code, in accordance with the
provisions of Section 12-17, Variances, Vail Town Code, to allow for construction of an
addition with a 2'— 7" front setback where 20 feet is required; a variance from Section 14-
3-2-D Snow Storage, Vail Town Code, in accordance with the provisions of Section 12-
17, Variances, to allow snow storage within town right-of-way where no snow storage is
allowed; and a variance from Section 14-3-2-F Location, Vail Town Code, in accordance
with the provisions of Section 12-17, Variances, to allow parking spaces within town right-
of-way where no parking is allowed, located at 2668 Arosa Drive / Lot 5, Block D, Vail
Ridge Subdivision, 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 1.) a
variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17,
Variances, Vail Town Code, to allow for an addition within the front setback area, 2.) a
variance from Section 14-3-2-D Snow Storage, Vail Town Code, in accordance with the
provisions of Section 12-17, Variances, to allow snow storage within town right-of-way
where no snow storage is allowed; and 3.) a request for the review of a variance from
Section 14-3-2-F Location, Vail Town Code, in accordance with the provisions of Section
12-17, Variances, to allow parking spaces within town right-of-way located at 2668 Arosa
Drive /Lot 5, Block D, Vail Ridge Subdivision, 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 these variances is contingent upon the applicant obtaining Town of
Vail design review approval for this proposal.
2. Approval of these variances is contingent upon the applicant obtaining a
revocable license agreement from the Department of Public Works for use of
town right-of-way for two parking spaces and snow storage.
3. This approval does in no way authorize the use of the adjacent town -owned
right-of-way for any purpose beyond paving for the driveway and parking as
identified on the renovation and addition plans dated 12-05-2016 by
Peel/LangenwalterArchitects, LLC. No additional improvements of any kind
shall be permitted in the town -owned right-of-way.
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 January 9, 2017 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 these variances will not constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the Two-family
Primary/Secondary Residential District.
2. The granting of these variances will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
3. These variances are 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 Primary Secondary 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 Primary Secondary District.
IX. ATTACHMENTS
A. Vicinity Map
B. S i t e Photographs
C. Applicants' Narrative Request
D. Architectural Plans Dated 12/05/2016
\ f
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Armour Residence - 2668 Arosa Drive Variance Application 1 of 3
South View of House from Arosa Drive
South View of Paved Parking from Arosa Drive
E
40
Armour Residence - 2668 Arosa Drive Variance Application 2 of 3
Southeast View of House from Arosa Drive
Southwest View of House from Arosa Drive
Armour Residence - 2668 Arosa Drive Variance Application 3 of 3
East View of House
North View of House
peel/langenwalter architects, I.I.c.
david m. peel, a.i.a.
kathy langenwalter
2586 arosa drive
vail, co 81657
970-476-2585
plarchvail(aIgmail.com
December 9, 2016
Planning and Environmental Commission
Town of Vail
75 S. Frontage Road
Vail, CO 81657
RE: Front Setback Variance Application
Armour Residence
2668 Arosa Drive
Lot 5, Block D, Vail Ridge, Town of Vail, CO
Dear Planning and Environmental Commission Members;
Bob and Mary Lou Armour, owners of Lot 5, Block D, Vail Ridge Filing, are requesting approval of three
variances and a revocable right of way permit. The requests are being made to allow construction of a two
car garage with a small two story addition above to both physically and visually tie the new garage to their
existing upper level home.
The proposed structure will be 2.7 feet from their front property line where a 20 foot setback is required.
The two additional required on-site parking spaces, as well as, the required on-site snow storage will
continue to be located within the town right-of-way as it has since the property was developed.
The first request is for a 17.3 foot variance from the front setback standard (Section 12-6D-6: Setbacks).
The second is a variance from the on-site parking requirement that spaces be entirely within lot lines and not
encroach on the public right of way (Section 14-3-2 F. Location). The third is a request to allow the required
on-site snow storage to remain within the public right-of-way (Section 14-3-2 D. Snow Storage).
The Armours have lived in Vail at this location as full time residents and employees since 1989. Their three
story structure is built on a hillside above Arosa Drive. The existing lowest level consists of storage rooms
and stair access to the two living units above. The middle level is a 955 square foot long-term rental
apartment and the upper level is the Amours' 968 square foot residence. The exterior stairway access to
the two units is uncovered and a safety issue for the occupants. The paved parking area runs 75 feet along
Arosa Drive in the town right-of-way and is approximately 6 feet below the lowest story of the house.
As local employees, Bob and Mary Lou hope to remain in their home indefinitely and need to make
necessary improvements to do so. These improvements include constructing a garage to provide two
enclosed parking spaces, a code compliant mechanical room, storage for both units and an elevator to
access all building levels. A safe and manageable exterior stairway to access both units at the middle level
Front Setback Variance Application
Armour Residence
December 9, 2016
Page 2of4
is also necessary. As part of the project, the existing parking area will be reduced and reconfigured to
minimize parking and pavement in the town right-of-way as well as separate it from Arosa Drive.
In addition to the above modifications, the Armours wish to enlarge their two bedroom, one bath unit. The
addition will include an entry and small office with 3/4 bath at the middle level as well as a stair to their upper
living level where a master bath/closet, laundry and mud room will be added. This addition will not only
provide needed living area and improved access; but will also provide an architectural element to physically
and aesthetically tie the garage structure to the existing building.
The Armours' house was built in 1970 as part of unincorporated Eagle County prior to zoning regulations,
designated setbacks, parking and snow storage requirements. Currently the storage room at the lowest
level encroaches into the 20 foot front setback and the decks at the units above extend into the setback
beyond the allowed 5 feet.
The garage and a portion of the middle and upper level expansion require a front setback variance due to
the location and layout of the existing building. The front of the garage will be approximately 9.3 feet closer
to Arosa Drive than the existing stair/deck structure of the existing building. The upper level addition will be
set back slightly from the existing deck line to minimize the visual bulk and mass impact to Arosa Drive.
The 22,290 square foot lot allows 7,448 square feet of Gross Residential Floor Area. The existing structure
GRFA is 2,357 square feet and the proposed project GRFA will be 2,946 square feet or less than 40% of
the total allowable GRFA for this site.
The proposed addition will add 937 square feet of garage, mechanical and storage GRFA on the lowest
level. Each of the two levels above the garage will have 420 square feet of living GRFA. Currently 227
square feet of the stair/deck structure at the second level and 140 square feet at the third level are located
within the front setback. In comparison the living area addition will result in 166 square feet on each of the
two upper levels and 104 square feet of second level deck to be within the front setback.
Due to the topography of the property and location of the building on the site, the garage must be situated in
front of the existing building to allow vehicular access from Arosa Drive. The plan layout of the long term
rental apartment and the Armours' unit are identical. Both units have the living area facing south, the dining
area facing east and the two bedrooms facing west. To maintain egress, ventilation and views, these areas
of the building must remain unaffected. The steep slope of the site as well as the existing mature
vegetation further impede access to and construction uphill at the rear of the structure.
Because of these hardships and to protect the existing natural site, the small addition over the garage
expansion will be compatible with the objectives of the Town of Vail as stated in Section 14-10-3: Site
Planning of the Design Guidelines:
A. The location and configuration of structures and accessways shall be responsive to the existing
topography of the site upon which they are to be located.
B. Building siting and access thereto shall be responsive to existing features of terrain, rock
outcroppings, drainage patterns, and vegetation.
Front Setback Variance Application December 9, 2016
Armour Residence Page 3 of 4
And with Chapter 10 Section 12-10-2: Applicability:
Off street parking and loading space shall be provided for any new building, for any addition or
enlargement of an existing building or for any conversion of uses which requires additional parking under
this chapter.
Furthermore, this project will significantly reduce the existing expanse of pavement in the town right-of-way.
The removal of 783 square feet of asphalt will create as much softscape along Arosa Drive thus enhancing
the aesthetics and safety of the neighborhood while providing needed snow storage along the street.
This property has several physical hardships which warrant the granting of the requested front and side
setback variances as stated in the Town of Vail Zoning Regulation Section12-17-1: 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.
1. The relationship of the requested variance to other existing or potential uses and structures in
the vicinity.
At the time the residence was constructed, the current setback, off street parking and snow storage
requirements were not in place. The building was sited toward the lower grade of the steep slope with the
parking and snow storage located outside the property lines and on the public right-of-way.
The slope, site placement, on street parking and snow storage is unique to this property because of the time
it was constructed. The addition of the garage will allow two enclosed parking spaces on the property. The
other two required parking spaces as well as required snow storage will be separated from Arosa Drive.
This parking improvement will provide better snow storage for the town and be more in conformance with the
town's regulations. Also, the 24 foot wide driveway entrance and separated parking spaces will be more
compatible with the appearance of other properties in the neighborhood.
2. The degree to which relief from the strict or literal interpretation and enforcement of a specified
regulation is necessary to achieve compatibility and uniformity of treatment among sites in the
vicinity, or to attain the objectives of this title without grant of special privilege.
The applicant is requesting relief to better comply with the town parking requirements and to construct a
modest addition within the Town of Vail Design Guidelines that is responsive to the existing conditions. The
location and layout of the structure are exceptional circumstances and the applicant should enjoy the same
rights of other property owners to have enclosed parking, to have more direct and protected access to their
units and to improve the livability of their 46 year old residence. The requested relief and upgrade would
help the property achieve compatibility and uniformity with other residences on Arosa Drive and in the
vicinity.
Front Setback Variance Application
Armour Residence
December 9, 2016
Page 4of4
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 requested variance will have no effect on light and air or distribution of population. Removing the
existing automobile parking from Arosa Drive and reducing the number of vehicles backing onto the street
will enhance transportation and traffic facilities, public facilities and public safety. Utilities will be unaffected
or relocated as required.
Granting of this front setback variance can be made based on the following findings:
1. Due to the topography, siting of the structure and layout of the units which is unique to this
property, granting of the requested variances will not constitute a grant of special privilege
inconsistent with limitations on other properties classified in the same zone district.
2. Nor will the granting of these variances be detrimental to the public health, safety, or welfare, or
materially injurious to properties or improvements in the vicinity.
3. These variances are warranted for the following reasons:
a. Because the building was constructed close to the public right-of-way prior to zoning
regulations, setback requirements, off street parking and on site street snow storage
requirements, the strict or literal interpretation and enforcement of the specified
regulation would prohibit even modest expansion of the building thus resulting in
practical difficulty inconsistent with the objectives of this title.
b. The steep slope, siting of the residence in relation to the front property line and Arosa
Drive, the lack of a garage and on-site parking are exceptional and extraordinary
circumstances and conditions 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 the privilege of having off street parking, a garage, safe and
manageable access to the units and modest upgrades including a bathroom for the
master bedroom, laundry room and small office; privileges enjoyed by the owners of
other properties in the same zone district.
Thank you for your consideration of this request.
Yours truly,
Kathy Langenwalter
Peel/Langenwalter Architects, L.L.C.
4
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Dick Cleveland
2586 Arosa Drive
Vail, CO 81657
970-476-2585
December 27, 2016
Re: Variance Request
2668 Arosa Drive
Bob & Mary Lou Armour
Dear Planning and Environmental Commission Members:
As an adjoining property owner of the Armours I want to lend my support for the approval of
the requested variances for this property.
The Armours, longtime residents of the neighborhood, are facing what many working residents
face as they age in place in Vail. The need to update ageing properties to maintain livability is a
fact of life for those of us who have lived in the older Vail neighborhoods for a long time. This is
especially true in West Vail which has been the center of locals' housing for years.
As the Town struggles to provide more local, affordable housing for working families and
individuals it is even more important to PRESERVE existing affordable worker housing.
The variance requests will allow a working family to remain in the neighborhood without
impacting or compromising the livability of the surrounding neighbors. If anything, the
variances will improve the integration of the home into the neighborhood as well as improve
already non -conforming situations.
All of the impacts on our neighborhood will be positive.
I encourage you to approve the variances as requested.
Respectfully,
Dick Cleveland
From: Stephen Herman
To: Brian Garner; bobalouvaiKbamail.com
Subject: Armour Project
Date: Monday, January 2, 2017 6:42:10 PM
Dear Mr. Garner, We are aware and fully understand Armour's plans and
project and we enthusiastically support it. We hope you will look
favorably on this project. Steve and Brenda Herman, 2608 Arosa Dr. Vail.
(970)-479-0656.
This email has been checked for viruses by Avast antivirus software.
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From: Rabbi Dovid Mintz
To: Brian Garner
Cc: bobalouvaiKbamail.com
Subject: PEC
Date: Tuesday, January 3, 2017 8:21:04 PM
Dear Brian,
This letter is to inform you that we are in support of Bob and Mary Lou Armour's request for
the remodel project.
Feel free to get in touch if you have any questions.
Dovid and Doba Mintz
2657 Arosa Dr #A
Vail, CO 81658
From:
J. Steve Purslev
To:
Brian Garner
Subject:
2668 Arosa Drive, Vail, CO 81657
Date:
Wednesday, January 4, 2017 8:39:02 AM
Dear Mr. Garner,
As an adjacent property owner of Bob and Mary Lou Armour I am writing in support of their plans submitted for
TOV approval. We believe that the plans are easily discernible to present a net improvement to the immediate area
and particularly the immediate area within the neighborhood.
Thank you in advance for your consideration and support!
Happy New year, and all the best of blessings in Vail for 2017,
Jack Pursley
From:
Bryan Hunt
To:
Brian Garner
Cc:
"Rebecca Hunt (rebeccafhuntCabamail.coml"
Subject:
re: 2668 Arosa variances
Date:
Wednesday, January 4, 2017 9:06:18 AM
I wanted to write in regarding the variances requested for 2668 Arosa Dr in West Vail (Bob and Mary
Lou Armour's home). We live in the duplex across the street: 2657 Arosa Unit B. We fully support all
the variances requested including setbacks, snow storage, and the driveway. Adding that Bob has been
and is always a helpful and supportive neighbor, we hope the planning commission will grant the
variances.
Thank You!
Bryan and Rebecca Hunt
Bryan Hunt
970.688.1445
Hunt Solutions
brvan Whuntsolve.com
TOWN OF VA10
VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO
MEETING DATE: January9, 2017
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)
ATTACHMENTS:
File Name
Description
PEC150019_Chamonix Development _Plan_Staff Memorandum.pdf Staff Memorandum
Chamonix Plan_Set.pdf Chamonix Plan Set
TOWN OF VAIL'
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 9, 2017
SUBJECT: 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, represented by Will Hentschel, 359 Design
Planner: Jonathan Spence
I. SUMMARY
The Town of Vail acquired the Chamonix Parcel in West Vail for the expressed purpose of
constructing a new West Vail Fire Station and an affordable housing development on the
combined area of the site. Since the acquisition, the Town of Vail, in participation with the West
Vail neighborhood and the Chamonix Advisory Committee, completed and adopted a master
plan for the future development of the site.
The Chamonix Master Plan was first adopted by the Vail Town Council in 2005, and the plan
was subsequently amended in 2009. The most significant change resulting from the
amendment approval was the ability to gain vehicular access to the duplex units from Chamonix
Lane. In the end, the "Neighborhood Block Scheme" was selected by the community as the
preferred alternative for future development on the site.
Developing affordable housing on the Chamonix Parcel is a development objective of the Town
of Vail. Determining the potential viability for affordable housing to be built on the Chamonix
Parcel and completing a first phase of development on the property has been identified as a key
initiative of the Vail Town Council. In the end, this action helps achieve the Town Council's
adopted goal of "growing a thriving and balanced community'.
DESCRIPTION OF REQUEST
The applicant, the Town of Vail, is requesting approval of a development plan to allow for the
future development of deed restricted employee housing units on the Town -owned Chamonix
Parcel, located at 2310 Chamonix Road. A development plan approval is required, pursuant to
Section 12-61-11, Development Plan Required, of the Vail Town Code to guide and direct
development within the Housing District. Once adopted, an approved development plan, along
with any applicable land use regulations contained in the Town's Zoning Regulations, becomes
the principal governing document for land use and dimensional requirements and limitations on
the property. The development plan shall remain in effect for the life of the development, and
may be amended from time to time, as deemed appropriate, as part of an established
development review process.
The purpose of this worksession is to provide and update on the project status and receive
feedback from the Town of Vail Planning and Environmental Commission. At the next public
hearing, currently scheduled for January 23, 2017, a development plan will be presented for
review and approval.
III. BACKGROUND
The Town of Vail has been exploring options for developing the community's newest residential
neighborhood on the Town owned Chamonix parcel located in West Vail. This action helps
achieve the Town Council's adopted goal of "growing a thriving and balanced community'. The
Town Council affirmed a number of goals for the project. The goals include:
• Optimize the use of the site for workforce for -sale housing (15 - 25 du's per acre)
• Design a context sensitive design solution (design review guidelines)
• Ability to be phased over time (min. two phases)
• Deliver desirable, marketable and diverse types of housing products (duplexes; one, two
& three bedroom flats; townhomes, etc.)
• Maximize the town's limited supply of financial resources
• Build responsibly given the existing site configuration, topography and natural features of
the site
• Develop a diversified cost/sales structure to respond to a wider range of buyers (i.e.
pricing structure based upon income)
The Development Team last provided an update to the Vail Town Council on December 20,
2016. At that time the Team shared site plan options, floor plan layouts and designs, on-site
construction vs. systems built construction options, and detailed construction costs and
cost/pricing structure models. At the conclusion of the discussion, the Vail Town Council
provided the Development Team with the following direction:
• The all townhome site plan option containing 32 dwelling units was selected for the
Chamonix Neighborhood development.
• The four floor plan layouts and designs representing a variation of sizes and number of
bedrooms was supported with an additional request to develop a three bedroom, one car
garage unit was made.
• Permission was granted to produce design development drawings to be submitted for
development and design review by the Town's Planning & Environmental Commission
and Design Review Board.
• Instruction was given to continue forward with a development budget and cost/pricing
structure that required no further financial subsidy from the Town.
• Direction was given to initiate a reservations and marketing campaign to further engage
potential home buyers.
• Authorization was granted to take the steps necessary to prepare and begin negotiating
a pre -development agreement with the development team for Town Council review and
approval.
• Direction was given to the development team to advance a development design with a
residential product mix that requires no further financial subsidy from the Town of Vail.
Direction was given to the development team to complete a more detailed due diligence
process with regard to off-site systems built construction and report their findings back to
the Town Council acceptance.
Instruction was provided to the development team to complete a more detailed due
diligence process with regard to constructing the development in one phase and report
their findings to the Town Council for acceptance.
IV. APPLICABLE PLANNING DOCUMENTS
2009 Chamonix Master Plan
Title 12, Zoning Regulations, Vail Town Code (in part)
V. ZONING ANALYSIS
Address:
Legal Description:
Lot Area:
Buildable Area:
Zoning:
Land Use Designation
2310 Chamonix Road
Parcel B, Resubdivision of Tract D,
3.54acres/ (154,202 sq. ft.)
3.21 acres/ (139,828 sq. ft.)
Housing District
Medium Density Residential
VI. SURROUNDING LAND USES AND ZONING
Vail Das Schone Filing No. 1
VII. REVIEW CRITERIA
According to Section 12-61-13, Development Standards/Criteria for Evaluation, of the Zoning
Regulations of the Town of Vail, the following criteria shall be used as the principal means for
evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate
that the proposed development plan complies with all applicable design criteria.
A. Building design with respect to architecture, character, scale, massing and orientation is
compatible with the site, adjacent properties and the surrounding neighborhood.
B. Buildings, improvements, uses and activities are designed and located to produce a
functional development plan responsive to the site, the surrounding neighborhood and uses,
and the community as a whole.
C. Open space and landscaping are both functional and aesthetic, are designed to preserve and
enhance the natural features of the site, maximize opportunities for access and use by the
public, provide adequate buffering between the proposed uses and surrounding properties,
and, when possible, are integrated with existing open space and recreation areas.
Land Use
Zoning
North:
Residential
Two -Family Primary/Secondary Residential (P/S)
South:
Commercial
Heavy Service District
East:
Commercial
Heavy Service District/Commercial Core III
West:
Residential
Two -Family Primary/Secondary Residential (P/S)
VII. REVIEW CRITERIA
According to Section 12-61-13, Development Standards/Criteria for Evaluation, of the Zoning
Regulations of the Town of Vail, the following criteria shall be used as the principal means for
evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate
that the proposed development plan complies with all applicable design criteria.
A. Building design with respect to architecture, character, scale, massing and orientation is
compatible with the site, adjacent properties and the surrounding neighborhood.
B. Buildings, improvements, uses and activities are designed and located to produce a
functional development plan responsive to the site, the surrounding neighborhood and uses,
and the community as a whole.
C. Open space and landscaping are both functional and aesthetic, are designed to preserve and
enhance the natural features of the site, maximize opportunities for access and use by the
public, provide adequate buffering between the proposed uses and surrounding properties,
and, when possible, are integrated with existing open space and recreation areas.
D. A pedestrian and vehicular circulation system is designed to provide safe, efficient and
aesthetically pleasing circulation to the site and throughout the development.
E. Environmental impacts resulting from the proposal have been identified in the project's
environmental impact report, if not waived, and all necessary mitigating measures are
implemented as a part of the proposed development plan.
F. Compliance with the Vail comprehensive plan and other applicable plans.
VIII. STAFF RECOMMENDATION
As this is a worksession, the Community Development Department will not be forwarding a
recommendation at this time. A formal recommendation will be provided at the time of the final
public hearing on this application, currently scheduled for January 23, 2017.
IX. ATTACHMENTS
A. Applicant Submittal
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NAME. Rmll owmi
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TOWN OF VA10
VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO
MEETING DATE:
ITEM/TOPIC: December 12, 2016 PEC Meeting Results
ATTACHMENTS:
File Name
pec results 121216.pdf
Description
December 12, 2016 PEC Meeting Results
TOWN OF VA10
PLANNING AND ENVIRONMENTAL COMMISSION
December 12, 2016, 1:00 PM
Vail Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
1. Call to Order
Members Present: Brian Gillette, Kirk Hansen, Ludwig Kurz, John Ryan Lockman,
Henry Pratt, John Rediker, and Brian Stockmar
2. A request for a variance from Section 12-6F-6, Setbacks, Vail Town Code, pursuant to
Section 12-17, Variances, Vail Town Code, to allow for construction of a deck with a five
(5) foot side setback where ten (10) feet is required, located at 4352 Spruce Way, Unit 5
(HBM Townhouses)/Lot 9, Block 3, Bighorn Subdivision, 3rd Addition and setting forth
details in regard thereto. (PEC16-0037)
Applicant: Jason and Jacqui Baggaley, represented by MPP Design Shop
Planner: Jonathan Spence
Action: Approve with One Condition
Motion: Hansen Second: Kurz Vote: 7-0-0
Condition:
1. Approval of this variance is contingent upon the applicant obtaining Town of
Vail design review approval for this proposal.
Jonathan Spence introduced the project. The site is located within a subdivision that
was approved by Eagle County prior to being annexed into the Town. At its
construction, the home was placed right along the minimum 10 foot setback and the
existing deck was allowed to encroach five feet (5') into the setback. When the property
was annexed, the new setback established was 20 feet. Due to the regulation change,
the deck would not be able to be rebuilt without a variance.
Pratt — What is the Town's view on encroachments into utility easements?
Spence — OK with utility's approval.
Gillette — If the deck was rebuilt to the same size, would it still require a variance?
Spence— Yes
Gillette —Were neighbors notified?
Spence— Yes
Stockmar — Is this lot substantially sloping?
Spence — The area where the deck is located is relatively flat.
Rediker — Asked for a review of the regulations in place at the time of the construction
of the home and how they compare to today's standards.
Lockman — Asked for clarification as to how the deck encroachment is measured.
The applicant declined to present additional information, but remained available to
answer questions.
Public Comment — There was no public in the audience to comment.
Lockman — Agrees with staff's recommendation.
Hansen — Agrees with staff's recommendation.
Kurz — Also in favor of approving the variance.
Pratt — Agrees that there are grounds for granting a variance. He is somewhat
concerned that the neighbor has not responded to the notification.
Gillette — Expressed concern that mailing a notification to a neighbor is not enough
notice.
Stockmar —Agrees with staff's recommendation.
Rediker — Cited the review criteria in the staff memorandum and agreed with staff's
recommendation. He does not find that the variance is a grant of special privilege.
Rediker reopened public comment.
Karl Forstner, 4325 Spruce Way - Asked for clarification as to where the new deck
would be located. He expressed that he does not have a concern about the project.
3. A request for a variance from Section 14-6-7, Vail Town Code, pursuant to Section 14-
1-5, Variances, Vail Town Code, and in accordance with Section 12-17, Variances, Vail
Town Code, to allow for retaining walls with an exposed face height greater than three
feet (3') in the front setback, located at 1255 Westhaven Circle/Lot 45, Glen Lyon
Subdivision and setting forth details in regard thereto. (PEC16-0036)
Applicant: Westhaven LLC and Jamie Lipnick, represented by KH Webb Architects
Planner: Matt Panfil
Action: Table to January 9, 2017
Motion: Kurz Second: Stockmar Vote: 7-0-0
4. 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
Planner: Jonathan Spence
Action: Table to January 9, 2017
Motion: Kurz Second: Stockmar Vote: 7-0-0
5. Approval of Minutes
November 28, 2016 PEC Meeting Results
Action: Approve
Motion: Kurz Second: Hansen Vote: 7-0-0
6. Informational Update
Chris Neubecker prompted the Commission for training topics and other Informational
Updates that they would like to learn about in future informational updates. Requested
topics included:
• Site visits to non -conforming properties in West Vail
• Legislative Training on Quasi- Judicial Issues
• Water Quality and the Restore the Gore Action Plan
• Update on Local Judge Overturning a Water Quality Case
Chris Neubecker thanked the Commissioners for their service to the Town of Vail and
the community over the past year.
7. Adjournment
Action: Adjourn
Motion: Kurz Second: Stockmar Vote: 7-0-0
The applications and information about the proposals are available for public inspection
during regular office hours at the Town of Vail Community Development Department, 75
South Frontage Road. The public is invited to attend the project orientation and the site visits
that precede the public hearing in the Town of Vail Community Development Department.
Times and order of items are approximate, subject to change, and cannot be relied upon to
determine at what time the Planning and Environmental Commission will consider an item.
Please call (970) 479-2138 for additional information. Sign language interpretation is
available upon request with 48-hour notification. Please call (970) 479-2356,
Telecommunication Device for the Deaf (TDD), for information.
Community Development Department
TOWN OF VA110
VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO
MEETING DATE: January9, 2017
ITEM/TOPIC: Environmental Sustainability- Storm Water Education
ATTACHMENTS:
File Name Description
PEC_Information_Update010917.pdf Staff Presentation
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Ad Name: 12587652A
PLANNING AND ENVIRONMENTAL
COMMISSION
Customer: TOWN OF VAIL/PLAN DEPT/COMM
JlToary 2017,
Chamber Vail Town Council Chambers
nC
Council
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 three (3) variances in
accordance with the of Section 12-17,
provisions
Variances, Vail Town Code. These variances in-
PROOF OF PUBLICATION
clude: (1) a variance from Section 12-6D-6 Set -
backs, Vail Town Code, to allow for construction of
an addition with a two -foot seven-inch (2' - 7") front
setback where twenty (20) feet is required; (2) a
STATE OF COLORADO }
request for the review of a variance from Section
14-3-2-D Snow Storage, Vail Town Code, to allow
snow storage within town right-of-way where no
SS.
snow storage is allowed; (3) a request for the re-
view of a variance from Section 14-3-2-F Location,
COUNTY OF EAGLE }
Vail Town Code, to allow parking spaces within the
Arosa Drive right-of-way where no parking is al-
lowed, located at 2668 Arosa Drive / Lot 5, Block
D, Vail Ridge Subdivision, and setting forth details
I, Mark Wurzer, do solemnly swear that I am a qualified
in regard thereto. (PEC16-0039) - 30 min.
Applicant: Robert and Mary Lou Armour, repre-
representative ofthe Vail Daily. That the same Daily newspaper
sented by Peel/Langenwalter Architects
Planner: Brian Garner
printed, in whole or in part and published in the County
3.A request for final review of a Development Plan,
of Ea le, State of Colorado, and has a general circulation
g
pursuant to Section 12-61-11, Vail Town Code, to
allow for the future development of Employee
Housing Units the Chamonix located
therein; that said newspaper has been published continuously
on parcel at
2310 Chamonix Road, Parcel B, Resubdivision of
Tract D, Vail Das Schone Filing 1, and setting forth
and uninterruptedly in said County of Eagle for a period of
details in regard thereto. (PEC150019) - 60 min.
Applicant:Town of Vail
more than fifty-two consecutive weeks next prior to the first
Planner:Jonathan Spence
4.A request for a variance from Section 14-6-7, Vail
publication of the annexed legal notice or advertisement and
Town Code, pursuant to Section 14- 1-5, Varianc-
that said news a er has ublished the re uested le al notice
h p 1� q g
es, Vail Town Code, and in accordance with Sec -
t ion 12-17, Variances, Vail Town Code, to allow for
and advertisement as requested.
retaining walls with an exposed face height greater
than three feet (3) in the front setback, located at
1255 Westhaven Circle/Lot 45, Glen Lyon Subdivi-
sion and setting forth details in regard thereto.
(PEC16-0036)
The Vail Daily is an accepted legal advertising medium,
Application has been Withdrawn
only for jurisdictions operating under Colorado's Home
Applicant:Westhaven LLC and Jamie Lipnick,
represented by KH Webb Architects
Planner:Matt Panfil
Rule provision.
5.Approval of Minutes
December 12, 2016 PEC Meeting Results
That the annexed legal notice or advertisement was
6. Informational Update
Environmental Sustainability- Storm Water Educa-
published in the regular and entire issue of every
tion -
tion .
15 min
number of said daily newspaper for the period of 1
urnm ent
The applications and information about the propos-
insertions; and that the first publication of said
als are available for public inspection during
notice was in the issue of said newspaper dated 1/6/2017 and
lar y De-
velopment lar office hours at the Town of Vail Community De -
Department, 75 South Frontage Road.
The public
The public is invited to attend the project orienta-
that the last publication of said notice was dated 1/6/2017 in
tion and the site visits that precede the public
hearing in the Town of Vail Community Develop-
the issue of said newspaper.
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 in -
In witness whereof, I have here unto set my hand this day,
formation. Sign language interpretation is available
Ol/3O/2017.
upon request with 48-hour notification. Please call
(970) 479-2356, Telecommunication Device for the
Deaf (TDD), for information.
Community Development Department
Q/�pI 1
Published in the Vail Daily January 6, 2017
(12587652)
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 01/30/2017.
( �L-& 9. -V-�
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2019
r
Ad Name: 12560748A
Customer: TOWN OF VAIL/PLAN DEPT/COMM
Your account number is- 1 OP2P 33
MW nay
PROOF OF PUBLICATION
STATE OF COLORADO }
}ss.
COUNTY OF EAGLE }
I, Mark Wurzer, 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 12/23/2016 and
that the last publication of said notice was dated 12/23/2016
in the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
02/01/2017.
General Manager/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 02/01/2017.
( �L-& 9. -V-�
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2019
Nx �
r
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 January 09, 2017 at
1:00 pm in the Town of Vail Municipal Building.
A request for the review of three (3) variances in
accordance with the provisions of Section 12-17,
Variances, Vail Town Code. These variances in-
clude: (1) a variance from Section 12-6D-6 Set-
backs, Vail Town Code, to allow for construction of
an addition with a two -foot seven-inch (2' - 7") front
setback where twenty (20) feet is required; (2) a
request for the review of a variance from Section
14-3-2-D Snow Storage, Vail Town Code, to allow
snow storage within town right-of-way where no
snow storage is allowed; (3) a request for the re-
view of a variance from Section 14-3-2-F Location,
Vail Town Code, to allow parking spaces within the
Arosa Drive right-of-way where no parking is al-
lowed, located at 2668 Arosa Drive / Lot 5, Block
D, Vail Ridge Subdivision, and setting forth details
in regard thereto. (PEC 16-0039)
Applicants: Robert and Mary Lou Armour, repre-
sented by Peel/Langenwalter Architects
Planner: Brian Garner
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 December 23, 2016 in the Vail Daily.
(12560748)