HomeMy WebLinkAboutVail Das Schone Filing 1 Block A Lot 20 Vail View Townhouses Letter to John Bergey 2417 Chamonix Lane 10142019MI,TOWN OF VAIL
75 South Frontage Road West
Vail, Colorado 81657
vailgov.com
October 14, 2019
Mr. John R. Bergey
2417 Chamonix Lane
Vail, CO 81657
Dear Mr. Bergey,
Community Development Department
970.479.2138
Thank you for your email dated September 8, 2019 concerning a Determination of
Interpretation of Section 12-6D-8, Vail Town Code, for your property located at Vail
View Townhouses, Units 7, 8,and 9, Lot 20 Block A, a resubdivision of Vail Das Schone,
Filing No. 1 Town of Vail, Eagle County. Also, thank you for the clarification email dated
September 26, 2019 concerning redeveloping with two dwelling units.
According to your original letter, the property is approximately 9,700 square feet, and
there are currently three (3) townhouse dwelling units on the property, constructed in
1969 according to the Eagle County Clerk & Recorder. The property was annexed into
the Town of Vail in 1986. You have requested an interpretation of Section 12-6D-8, Vail
Town Code concerning the right to redevelop the site by demolishing the existing
buildings and constructing two (2) new townhomes.
Based on a lot area of approximately 9,700 square feet, the property is eligible for one
(1) dwelling unit under the current zoning of Two -Family Primary/Secondary Residential.
Redevelopment with two (2) dwelling units is prohibited under Section 12-6D-8, Vail
Town Code, as the property does not meet the specific requirements of this code. The
exception that you mentioned that allows for properties to have two (2) dwelling units
does not apply to this property.
In reviewing the staff memo that led to this code amendment, I reviewed the intent of
the ordinance. The intent of the ordinance was clearly meant to apply to only duplex
properties, and not all properties that are over density on the number of dwelling units.
This exception was narrowly written to address existing duplex properties (2 dwelling
units), and does not apply to properties containing more than two (2) dwelling units. A
different conclusion might be possible if the code was written to state "two (2) or more
dwelling units", but the code was not written this way, and was not intended to apply to
properties with 3 units or greater.
If the property can be proved to be legally established through building permits or
regulations in effect at the time of its construction, then it would be considered
nonconforming to current zoning regulations. Legally established nonconforming sites
and site improvements may continue to be used subject to the limitations of Title 12,
Chapter 18. However, a redevelopment of the property would need to meet the current
zoning regulations, which allow only one (1) dwelling unit.
If you have any additional questions about this matter, please let me know. I may be
reached at (970) 479-2148 or cneubecker(c�vailgov.com.
Sincerely,
.
Chris-P4eubecker, AICP
Planning Manager
Town of Vail Page 2