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HomeMy WebLinkAboutPEC090034Planning and Environmental Commisson ACTION FORM r Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 MWN ( tel: 970.479.2139 fax: 970.479.2452 C'ti'.WJ'A7Y Lu 6EU--2'Pb.' IJ YfiGib. k'~Y•Y. ailg/ 1Y'.co} IA Project Name: Adair Res. Setback Variance PEC Number: PEC090034 Project Description: VARIANCE REQUEST FOR SIDE AND FRONT SETBACKS Participants: OWNER ADAIR, KATHERINE D. & JOHN 10/26/2009 3035 BOOTH FALLS RD VAIL CO 81657 APPLICANT BRAUN ASSOCIATES INC 10/26/2009 TOM BRAUN 225 MAIN ST, SUITE G-002 EDWARDS CO 81632 Project Address: 3035 BOOTH FALLS RD VAIL Location: Legal Description: Lot: 12 Block: 3 Subdivision: VAIL VILLAGE FILING 13 Parcel Number: 2101-023-0300-1 Comments: See conditions BOARD/STAFF ACTION Motion By: Kjesbo Second By: Viele Vote: 4-0-0 Conditions: Action: APPROVED Date of Approval: 11/23/2009 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond:300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Planner: Bill Gibson PEC Fee Paid: $500.00 November 201h, 2009 Members of the Town of Vail Planning and Environmental Commission 75 South Frontage Road West Vail, Colorado 81658 Dear members of the commission, My name is Tom Talbot and I own the property across the street at 3094 Boothfalls Road across the street from Mr. Adair's home. Mr. Adair has spoken of an addition to his property that you are reviewing at this time. I would like to endorse this addition as it does not affect my View of the surrounding landscape or impact access to my property. The addition on this property is truly one that has been well thought out in that it will not affect the existing landscaping that has already been done supporting the wet lands in the rear of the house. This house has always been well kept and presented a wonderful addition to rest of the properties in the area. John and his wife have taken great pride at being good neighbors in presenting their home maintaining it as if they were year round residents. The Adair's spend much more time through out the year improving their property and taking pride in their community. In conclusion their proposed addition is in good taste and should be supported by your commission. I would be happy to discuss any concerns you might have with this property. Please feel free to contact me. Sincerely, Tom Talbot 3094 Boothfalls Road Vail, Colorado 81658 970-390-3298 N''> Department of Community Ilk 75 South F 4 ' Vail cc L4F tom. .i5.. :_R 'i..bsrso%a'r:. U V L`am' Variance Request Application for Review by the n OCT 2 6 2009 Planning and Environmental Comm General Information: Variances may be granted in order to prevent or to lessen such Aractj& ra1IA!s_anQ:.un-=._- necessary physical hardships as would result from the strict interpretation and/or enforcement of the zoning regulations inconsistent with the development objectives of the Town of Vail. 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 con- ditions 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. The Vail Town Code can be found on the Town's website at www.vailgov.com The proposed project may also require other permits or applications and/or review by the Design Re- view Board and/or Town Council. Fee: $500 Description of the Request: Side and Front Setback Variance, see attached narrative Physical Address: 3035 Booth Falls Road Parcel Number: 210102303001 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: John and Katherine Adair Mailing Address: Owner's sn,As Rnnth Falls Road Vail, CO 81657 Phone: (970) 479-0711 Primary Contact/ Owner Representative: Tom Braun - Braun As-sDetates, Inc. Mailing Address: 225 Main Street, Suite 6-002 Edwards, CO 81632 E-Mail: tom@braunassociates.com Phone: (970) 926-7575 Fax: (970) 926-7576 For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # th # Check # w L b Fee Paid: 1 00 Received From: `lU A4-AA, C- -506 Meeting Date: PEC No.: 063 Planner: T?7 Project No: V 0 Zoning: Land Use: Location of the Proposal: Lot:_ _ Block: _ Subdivisik 13 01-Sep-09 TOWN OF VAIL, COLORADO Statement Statement Number: R090001540 Amount: $500.00 10/26/200903:16 PM Payment Method: Check Init: JLE Notation: 2028 JOHN ADAIR Permit No: PEC090034 Type: PEC - Variance Parcel No: 2101-023-0300-1 Site Address: 3035 BOOTH FALLS RD VAIL Location: Total Fees: $500.00 This Payment: $500.00 Total ALL Pmts: $500.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts PV 00100003112500 PEC APPLICATION FEES 500.00 COMMUNITY DEVELOPMENT ROUTING FORM Routed To: Public Works Date Routed: 10/28/09 Routed B Bill Gibson Date Due: 11/02/09 Project Name: Adair Project PRJ08-0010 Activity PEC090034 Description of work: addition (front and side setback variances) Address: 3035 Booth Falls Road Legal: Lot: 12 Block: 1 Subdivision: Vail Village Filing 13 Status: ❑ Approved ® Approved with conditions ❑ Denied Comments: Date Reviewed: 11/02/09 Land Title Guarantee Compan CUSTOMER DISTRIBUTION QICT 2 6 2009 Land Title CUAR.1 NTEE (;<)A'1V NY T /I)\I r/r' iJ~1! Date: 10-23-2009 Our Order Number: V50027085 Property Address: 3035 BOOTH FALLS ROAD AKA LOT 12, BLOCK 1, VAIL VILLAGE 13TH FILING VAIL, CO 81657 rr.,,,., h ;„-iriec nr rPnnire fi,rther assistance, Please contact one of the numbers below: For Title Assistance: Vail Title Dept. 108 S FRONTAGE RD W #203 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970-476-4732 BRAUN ASSOCIATES INC 0105 EDWARDS VILLAGE BLVD EDWARDS, CO 81632 Attn: TOM BRAUN Phone: 970-926-7575 Copies: 1 EMail: toma@braunassociates.com Linked Commitment Delivery Land Title Guarantee Company Date: 10-23-2009 rdlitle Our Order Number: V50027085 OJ Aft,1N TEF COMPANY Property Address: 3035 BOOTH FALLS ROAD AKA LOT 12, BLOCK 1, VAIL VILLAGE 13TH FILING VAIL, CO 81657 Buyer/Borrower: KATHERINE D. ADAIR, AS TRUSTEE OF THE KATHERINE D. ADAIR REVOCABLE TRUST, UNDER AGREEMENT DATED THE 19TH DAY OF AUGUST 2008 Seller/Owner: KATHERINE D. ADAIR, AS TRUSTEE OF THE KATHERINE D. ADAIR REVOCABLE TRUST, UNDER AGREEMENT DATED THE 19TH DAY OF AUGUST 2008 Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to an ut uur A vu,a c ava auv,.o. ESTIMATE OF TITLE FEES TBD Commitment $250.00 If Land Title Guarantee company will be closing this transaction, above fees will be collected at that time. TOTAL $250.00 Flan CONTACT 06/04 THANK YOU FOR YOUR URULK! LAND TITLE GUARANTEE COMPANY INVOICE Land Title ( JAFANEEE WNIPANY Owner: KATHERINE D. ADAIR, AS TRUSTEE OF THE KATHERINE D. ADAIR REVOCABLE TRUST, UNDER AGREEMENT DATED THE 19TH DAY OF AUGUST 2008 Property Address: 3035 BOOTH FALLS ROAD AKA LOT 12, BLOCK 1, VAIL VILLAGE 13TH FILING VAIL, CO 81657 Your Reference No.: When referring to this order, please reference our Order No. V50027085 October 23, 2009 - CHARGES - TBD Commitment $250.00 --Total-- $250.00 Please make checks payable to: Land Title Guarantee Company 5975 Greenwood Plaza Blvd. Suite 125 Greenwood Village, CO 80111-4701 Chicago Title Insurance Company ALTA COMMITMENT Our Order No. V50027085 Schedule A Cust. Ref.: Property Address: 3035 BOOTH FALLS ROAD AKA LOT 12, BLOCK 1, VAIL VILLAGE 13TH FILING VAIL, CO 81657 1. Effective Date: October 15, 2009 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment Proposed Insured: KATHERINE D. ADAIR, AS TRUSTEE OF THE KATHERINE D. ADAIR REVOCABLE TRUST, UNDER AGREEMENT DATED THE 19TH DAY OF AUGUST 2008 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: KATHERINE D. ADAIR, AS TRUSTEE OF THE KATHERINE D. ADAIR REVOCABLE TRUST, UNDER AGREEMENT DATED THE 19TH DAY OF AUGUST 2008 5. The Land referred to in this Commitment is described as follows: LOT 12, BLOCK 1, VAIL VILLAGE, THIRTEENTH FILING, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 10, 1972 IN BOOK 226 AT PAGE 145, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50027085 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50027085 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching to the subsequent effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency tha may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 06, 1905, IN BOOK 48 AT PAGE 509. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 06, 1905, IN BOOK 48 AT PAGE 509. 10. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 10, 1972, IN BOOK 226 AT PAGE 146 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 21, 1978, IN BOOK 275 AT PAGE 628. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50027085 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF VAIL VILLAGE 13TH FILING RECORDED NOVEMBER 10, 1972 IN BOOK 226 AT PAGE 145. 12. RESERVATION OF ONE-HALF OF ALL OIL, GAS AND OTHER MINERALS AS CONTAINED IN DEED RECORDED MAY 30, 1960 IN BOOK 165 AT PAGE 227. 13. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN INSTRUMENT RECORDED AUGUST 13, 1975 IN BOOK 241 AT PAGE 278. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE 09/01/02 Affre, EAGLE RIVER WATER & SANITATION DISTRICT 846 Forest Road • Vail, Colorado 81657 (970) 476-7480 • FAX (970) 476-4089 September 30, 2009 Mr. Bill Gibson Planner Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Subject: Adair Property at 3035 Booth Falls Road and Adjacent District Mains Dear Bill, I am writing at the request of Mr. John Adair regarding encumbrances on the Town of Vail property immediately to the north of the subject property. The District has met with Mr. Adair on two separate occasions regarding his remodel plans for the property at the subject address. As you may know, the parcel to the north of Mr. Adair's is owned by the Town of Vail and is encumbered by infrastructure owned by the Eagle River Water and Sanitation District (District). Within the Town's parcel, the District has the following facilities: 1. Access road to electrical equipment on the Adair property 2. Access road to Booth Falls Water Plant and Booth Falls Water Storage Tank 3. Booster pump station 4. Raw water main to the Booth Falls Water Plant 5. Finished water main coming out of the Booth Falls Water Storage Tank 6. Sewer main from the plant Please also refer to the attached drawing for more details. The District requires a 20' wide easement for each main. We have not field located exactly where each main lies, but we believe that a considerably large portion of the Town's property may be encumbered by District infrastructure. The District has reviewed the proposed addition to the Adair house, including an extension of the structure into the normal Town of Vail setback from the property line, and has determined that this remodel will not interfere with District easements. Sincerely, Fred S. Haslee Regulations Administrator cc: Customer Service Account # 00875600 AV WATER, WASTEWATER, OPERATIONS & MANAGEMENT SERVICES 0 p o ~00 D a aT ut art Gri lfT ~ C.h ~ p rt',i,t✓. Q 00 ~r p UQ`.r; v;Le`crt ~ _ F I I ' r ' 1. 0~41 TTHIS 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 November 23, 2009, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for final review of a conditional use permit, pursuant to Section 12-71-5, Conditional Uses; Generally (On All Levels Of A Building), Vail Town Code, and a variance from Section 14-5-2, Other Requirements; Parking Lot and Parking Structure Design Standards For all Uses, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the development of a private parking lot with less than the required interior surface area landscaping, located at 934 South Frontage Road/unplatted, and setting forth details in regard thereto. (PEC090032, PEC090033) Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group Planner: Warren Campbell 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 the construction of additions within the front and side setbacks, located at 3035 Booth Falls Road/Lot 12, Block 1, Vail Village Filing 13, and setting forth details in regard thereto. (PEC090034) Applicant: John and Katherine Adair Planner: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published November 6, 2009, in the Vail Daily. MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department uofe DATE: November 23, 2009 V" y 0-0 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 the construction of additions within the front and side setbacks, located at 3035 Booth Falls Road/Lot 12, Block 1, Vail Village Filing 13, and setting forth details in regard thereto. (PEC090034) Applicant: John and Katherine Adair Planner: Bill Gibson SUMMARY The applicants, John and Katherine Adair, represented by Braun Associates Inc., are requesting 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 the construction of additions within the front and side setbacks, located at 3035 Booth Falls Road/Lot 12, Block 1, Vail Village Filing 13, and setting forth details in regard thereto. 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 of this application, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicants, John and Katherine Adair, represented by Braun Associates Inc., are requesting a variance to allow for a front and side setback encroachment to facilitate construction of an addition, located at 3035 Booth Falls Road. The subject site is located at the north end of Booth Falls Road adjacent to the Booth Falls trailhead. The western portion of the subject site is encumbered by significant wetlands, a moderate debris flow hazard area, and utility easements. Previous owners of this property have obtained setback variances for the existing residence on three separate occasions. This proposed renovation will first involve demolition of the existing 577 sq.ft. two-car garage located on the north side of the existing residence. Approximately 150 sq.ft. of this existing garage (26%) is located within the side and front setbacks. The existing front setback encroachment is approximately 1'/z feet in length at the northeast corner of the garage. The applicants are proposing to construct a new 591 sq.ft. garage, with a second story bedroom, that will encroach eight feet into the required twenty foot front setback (the addition will be 12 feet from the property line). The applicants are also proposing to construct a mud room, stairway, and master bedroom addition to the rear (west) of the proposed garage. The master bedroom addition will cantilever over an existing stream and be supported by three columns located on a non-wetland island within an existing wetlands area. These proposed additions will encroach 10 feet into the required 15 foot northern side setback. A vicinity map, plat excerpt, and building footprint map (Attachment A); the applicant's request (Attachment B); and proposed architectural plans (Attachment C) are attached for reference. Ill. BACKGROUND The subject property was annexed into the Town of Vail August of 1972, and subdivided with Town of Vail approval in November of 1972. Construction of the existing single- family residence was completed in April 13, 1976. The Planning and Environmental Commission reviewed and approved a north side setback variance for the construction of the existing garage on September 9, 1976. A hardship was identified as the "Town of Vail water filter backwash pond which creates streams on the rear two-thirds of the lot. " The Planning and Environmental Commission reviewed and approved a south setback variance for the construction of a greenhouse addition on April 20, 1979. Staff noted that the proposed greenhouse would not have "any impact to neighbor", but recommended denial of the request based upon a grant of special privilege since the house was 30 feet from the north property line. The Planning and Environmental Commission reviewed and approved a front setback variance for the construction of a front entry and an addition connecting the garage to the house at its March 23, 1998 hearing. A hardship was identified as the "extensive wetlands including a pond which provides flood storage, a number of drainage swales and utility easements." The applicant remodeled the existing kitchen located at the center rear of the building in March 2004. No variances were required. In 2008, the applicants requested a front setback variance for a 14 foot encroachment into the required 20 foot front setback, and an 11 foot encroachment into the required 15 foot north side setback. These setback variances were requested to accommodate the constructions of a new garage with second floor "bonus room". To the rear of that proposed garage, the applicants proposed to construct a mud room, stair, and master bedroom addition. The previously proposed master bedroom addition was similar to the current proposal in that the addition would cantilever over the existing stream and be supported by three columns located on an island within a wetlands area. At its March 10, 2008, public hearing, the Planning and Environmental Commission denied the applicants' variance request. The Commissioners identified concerns that the proposal went "beyond the minimum degree of relief necessary" and that other areas of the site could potentially accommodate an addition to the existing house without a setback variance. The applicants have submitted a new request for side and front setback variances. This current request will facilitate the construction of a new garage, second floor bedroom, 2 mud room, stairway, and master bedroom addition similar in architectural design to the applicants' 2008 proposal. The applicants' current proposal differs from the 2008 proposal as follows: • Proposed front setback increased from 10 feet to 12 feet (20 feet required). • Proposed side setback increased from 4 feet to 5 feet (15 feet required). • Proposed Gross Residential Floor Area (GRFA) reduced by 374 sq.ft. • Proposed site coverage reduced by 260 sq.ft.. • An updated Wetlands Impact Report has been submitted. • A Debris Flow Hazard Assessment has been submitted. • Eagle River Water and Sanitation District testimony has been submitted. • Neighboring property owner testimony has been submitted. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Article 12-6C: Two-Family Residential District (in part) 12-6C-1: PURPOSE: 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. 12-6D-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 (16). 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. VI VII. SITE ANALYSIS Address: Legal Description: Zoning: Land Use Plan Designation Current Land Use: Lot Size: Hazards: Standard Setbacks (min): Front (East): Side (North): Side (South) Rear (West): GRFA (max) 3035 Booth Falls Road Lot 12, Block 1, Vail Village 13th Filing Two-Family Residential District Low Density Residential Single-Family Residence 19,040 sq. ft. (0.437acres) Medium Hazard Debris Flow** Allowed/Required 20 ft. 15 ft. 15 ft. 15 ft. 7,025 sq. ft. Existing 17 ft.* 9 ft.* 8 ft.* 85 ft. 3,529 sq. ft. Proposed 10 ft. 5 ft. no change 57 ft. 5,119 sq. ft. Site coverage (max.): 3,808 sq. ft. (20%) 2,475 sq. ft. (13%) Parking 4 3,387 sq. ft. (18%) 4 (2 enclosed) 4 (2 enclosed) *existing setback encroachments were approved by previous setback variances **reclassified from High Severity to Medium Severity Debris Flow on July 19, 1998 SURROUNDING LAND USES AND ZONING Existing Use Zoning North: ERWSD Facilities General Use South: Single-Family Residential Two-Family Primary/Secondary Residential East: Multiple-Family Residential Low Density Multiple-Family Residential West: Open Space Natural Area Preservation REVIEW CRITERIA The review criteria for a request of this nature are established by Chapter 12-16, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. This proposal further reduces the setback of the applicants' home to the north side property boundary from the existing six feet (approved through a previous variance) to five feet. The property located directly north of the applicants' home is owned by the Town of Vail. Various existing water and sewer utility easements and facilities are located on the Town owned lot and the western portion of the applicant's lot. In a September 30, 2009, letter (Attachment H) the Eagle River Water and Sanitation District inventoried their existing facilities on both the Town's and the applicants' properties. The letter states that "the District has reviewed the proposed addition to the Adair house, including an extension of the structure into the normal Town of Vail setback from the 4 property line, and has determined that this remodel will not interfere with District easements. " Staff believes the proposed five foot north side setback will preserve the applicants' ability to access and maintain their property without trespassing onto the neighboring lot. This proposal further reduces the setback of the applicants' home to the front (east) property boundary from the existing 18 feet (approved through a previous variance) to 12 feet. The applicants' current proposal meets the Town's minimum parking standards and the proposed garage will be located 25 feet from the Booth Falls Road edge of asphalt which exceeds the Town of Vail's engineering policy for a minimum 20 foot separation between garages and roadways. The nearest adjacent residence is located to the south of the subject site. Since the proposed additions are located on the northern portion of the subject site, Staff does not believe this proposal will have a significant impact on the southern neighbor in comparison to existing conditions. A Wetlands Impact Report, dated October 21, 2009, by Watershed Environmental Consultants, Inc. (Attachment E) was completed for the applicants' proposed addition. This report indicates that the proposed addition will "necessitate minor wetlands impacts" subject to Army Corp of Engineer's approval. The report indicates that the anticipated impacts could be covered by Nationwide Permits #29, Residential Development, and #33, Temporary Construction; and that "it is reasonable to believe that these permits will be approved." The report further identifies that the applicants' proposed addition will maintain the existing "wetland hydrology and hydric soils", but "the wetlands vegetation covered by the cantilevered addition may be negatively affected." The report clarifies that "very little wetland vegetation currently exists" in the location of the proposed addition and the "function of this aquatic and wetland feature" will be maintained. A Debris Flow Hazard Assessment, dated November 13, 2009, by Michael W. West & Associates, Inc., Consulting Engineers and Geologists (Attachment G), was completed for the applicants' proposed addition. This report concludes "...the Adair's proposed addition will not increase the hazard to other properties or structures, with a reasonable degree of engineering certainty. " Neighboring property owners at 3005-A Booth Falls Road, 3021 Booth Falls Road, and 3130 Booth Falls Road have each submitted a letter to the Planning and Environmental Commission in support for the applicants' variance request (Attachment 1). At this time, the Town of Vail has not received any correspondence in opposition to the applicants' request. Therefore, Staff believes this proposal will not negatively impact the other existing or potential uses and structures in the vicinity compared 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. As shown on the vicinity map, plat excerpt, and building footprint map (Attachment A); the subject property is comparable in size, shape, and dimensions to its neighboring Two-Family District zoned lots along Booth Falls Road. However, the presence of a pond, wetlands, streams, and utility easements and facilities create unique physical hardships on the western portions of this lot that do not affect other neighboring properties. These physical constraints influenced the original location of the subject house on the eastern portion of the lot, unlike the neighboring houses on Lots 13-18 along Booth Falls Road which are located in the center and western portions of their lots. These physical constraints impact approximately 10,800 sq. ft. (57%) of the subject property and have been the justification for three past setback variance approvals in 1976, 1979, and 1998, to allow for building encroachments into the north side setback, south side setback, and east front setback areas. While the pond, wetlands, streams, and utilities easement and facilities were explicitly sited in past Planning and Environmental Commission meeting minutes as the rationale for approving the previous variances on this site, Staff believes previous Commissions must have also considered the location and design of the existing structure as part of their deliberation. Staff believes the historical site plans for this property from the Town's archives (Attachment D) demonstrate a precedence of the Planning and Environmental Commission granting setback variances for this property in part due to the location of original structure. The original 1975 home was located in the southeast corner of the lot with an attached garage on the north side of the structure. In 1976, the original garage was converted into living area and the Planning and Environmental Commission granted a side setback variance to allow for the construction of a new detached garage to the north. In 1979, the Planning and Environmental Commission granted a side setback variance to allow for the construction of a greenhouse addition to the south side of the structure within the setback. In 1998, the Planning and Environmental Commission approved a front setback variance to allow for a new front entry and an addition between the house and the garage. Staff does not believe these previous variances would have met the review criteria had the Commission not considered the existing structures as one of the physical hardships during their deliberations. The applicants have designed a proposed addition that will cantilever an existing stream west of the existing garage by supporting the addition on piers located on an island of non-wetlands within the wetlands area. Staff believes this unique design solution reduces the wetland's constraint on the expansions to the existing structure; however, this design can not fully overcome the physical hardships of the existing pond, utility ease ment/faciIities, and other wetland areas that encumber the western portion of the subject lot. Pursuant to Section 12-17-1, Purpose, Vail Town Code, the purpose for granting a variance is as follows: "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." Therefore, due to the unique physical hardships of the existing pond, wetlands, streams, utility easements and facilities, and the existing structure; Staff believes the proposed 6 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 applicants are proposing an addition that may impact existing wetlands. However, the Town Code does not prohibit development from affecting wetlands if a wetlands report is competed and necessary Army Corps of Engineers approvals are obtained. The applicant completed a wetlands delineation report (Attachment F) as part of their 2008 variance request and the environmental consultant has prepared an updated wetlands impact report (Attachment E) based upon the applicants' current proposal. The applicants are in the process of obtaining Army Corp of Engineers permits. Pursuant to Section 14-7-2, Vail Town Code: "Wetlands: If staff determines that wetland vegetation exists on the site, a report conducted by a qualified environmental consultant delineating wetland areas must be submitted to the Town of Vail and the Army Corps of Engineers in conjunction with a design review board or planning and environmental commission application. Approval from the army corps of engineers must be obtained prior to building permit issuance. " Issues related to wetlands, geotechnical design, construction techniques and staging, etc. will be addressed in depth during the design review application and building permit application review process. As further described in criteria #1 above, Staff does not believe this proposal will have a significant negative impact on the public health, safety or welfare, public facilities, or utilities in comparison to existing conditions of the site. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. The Planning and Environmental Commission has previously approved three separate setback variance requests (south side, north side, and front) for this property due to the physical hardships of the existing pond/wetlands and utility easements. VIII. STAFF RECOMMENDATION The Community Development Department recommends approval of 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 the construction of additions within the front and side setbacks, located at 3035 Booth Falls Road/Lot 12, Block 1, Vail Village Filing 13, 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: 7 "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 the construction of additions within the front and side setbacks, located at 3035 Booth Falls Road/Lot 12, Block 1, Vail Village Filing 13, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission makes the following findings based upon a review of Section VII of the Staff's November 23, 2009, memorandum to the Planning and Environmental Commission, and the evidence and testimony presented: "The Planning and Environmental Commission finds: 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 Primary/Secondary 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. 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, Plat Excerpt, and Building Footprint Map B. Applicants' Request C. Proposed Architectural Plans D. Historical Site Plans E. Wetland Impact Report dated October 21, 2009 F. Wetland Delineation Report dated January 31, 2008 G. Debris Flow Hazard Assessment Dated November 13, 2009 H. Eagle River Water and Sanitation District Letter Dated September 30, 2009 1. Neighboring Property Owner Testimony J. Public Notice 8 Attachment A ziz 010 U U W W Ul) 0 S 89 24'13,"'E STONE 1/4 CO R. 246-39' 4r- 170.00' 40.00' UTILITY 3.76' 80.00' 125.07' 121.32' 'EASEMENT N a dL 12 I 1 0.437 AC . 0 I 19022SO.FT. cv ~ I h AC. ~0 N ~ w I~ 889° 24'13"E >O. FT. I 180.84' , :r I0 13 040 ~ f we I Ip 0.482 AC. ZI I 21010 SO. FT. P P J' W Lh~ 7 ~ 44uJ~ 589°42'23"W 0.438 AC m / 207.51' C 1 19077 50. FT. 14 CIV 0.427 AC. J ~ I UO o/ % 18606 SO. FT. A=34044"49" 189004'18"w Z-1>/ /c' S89024' 13"E R = 203.73' 140.83' 14 OS' 243.33' w) o L = 123.55 ' f~ ~a 15 \ 3 Q B W`? 'w 0.479 AC. AC. co I fI 20870 SO. FT. SO. FT h coy N ' 9.31' 211.87' ~ VAIL VILLAGE 3 16 0.438/>C. TWELFTH FILING 19058 SO. FT.(~ 231.58' 0\ 0Cb' 17 L / 0.503 AC. 4 / W ^ 21928 50. FT. el~/ CO S89 ° 24'13" E 23G.70' p = 390 00/13 " 0.442 AC. 263850 FT. P;k RL = 194.81 /0 119 (0 kCT B I N89° 35'01'vW o / .9 AC. I I 15 .17' ~ j 13 SOFT. I NAGE wl hr / =MENT ~I I O^ lcm /p =62040 50 ZI R = 184.21' 20.00' III L = 201.52' 'ILITY kSEMENT~ I ~ C U N CU L 3 O U ~ O N 3 -C 70 ~ 0 CU - f . to O a L O S E _ O to !E cn O 0 -0 o O LM rn V O M M IT-, I N M 0 Attachment B ADAIR RESIDENCE Setback Variance Request October 26, 2009 ~CCogo~~ OCT 2 6 2009 TOWN OF VAIL The purpose of this report is to provide a summary of the proposed setback variances in order to allow for an addition to the Adair Residence. The subject property is located at 3035 Booth Falls Road, Lot 12, Block 1, Vail Village 13"' Filing. Included herein is a description of the proposed addition and variance requests, a summary of surrounding uses and existing site conditions, background on the proposal, an assessment of factors to be considered in the review of variance requests and an evaluation of findings to be made by the Planning and Environmental Commission in reviewing this request. Site and architectural drawings of the proposal have been provided under separate cover. Supplemental information relevant to the proposal is found in the appendix of this report. Proposed Addition and Variance Requests John and Kathy Adair have owned their home since 1996. Historically the Adair's have spent summers and winters in Vail. While this is a "second home", the Adair's spend nearly as much time in Vail as the do their primary residence. The proposed addition involves three elements - a new garage, a new master bedroom and additional floor area on the second level above the garage. All improvements are proposed on the north side of the home leaving the bulk of the existing residence in tact. In addition to the three elements describe above the Adair's are also planning to install a new roof and other cosmetic changes to the exterior of the home. The following is a summary of existing site conditions and development: Zoning - Two Family/Primary/Secondary Residential Site - .437 acres, or 19,040 sq. ft. Allowable GRFA - 7,025 sq. ft. Existing GRFA - 3,529 sq. ft. Proposed GRFA - 5,119 sq. ft. Allowable Building Height - 33' Existing/Proposed Building Height - 25' Allowable Site Coverage - 3,808 sq, ft. (20%) Proposed Site Coverage - 3,387, sq. ft. 17.7% The proposed addition would add approximately 1,590 sq. ft. of GRFA to the residence. In addition, the proposed garage is 591 sq. ft. With this proposed addition the property has approximately 1,906 sq. ft. of GRFA remaining. The proposed addition is located 5' from the north property line and the front face of the garage is located 12' from the east property line. As such a 10' encroachment into the 15' side setback and an 8' encroachment into the 20' front setback are proposed. The site plan on the following page depicts the proposed setbacks in context with existing site constraints. Adair Residence Setback Variance Request V = ° 'J R x f. aWTM flLLtS ROW • X ••~rr 7~~ .1 .~a R ~ J~ P • > i w ~ r fA, 1 I ham' ~ ~ w ■ sg • M1 Wit' rrr - 7-- Residence Adair 000 Setback Variance Request 2 Surrounding Uses and Existing Site Conditions The site is located in the Booth Falls neighborhood at the northern end of Booth Falls Road. Immediately to the north is a Town of Vail parcel that provides parking for the Booth Falls Trail and is also used by the Upper Eagle Valley Water and Sanitation District. The District has an easement on this parcel on which it has developed extensive improvements and facilities (access road, water lines, water storage tank, etc.), necessary for the operation of the District's water system. To the east are the Booth Falls Condominiums and to the south is a residential dwelling. An open space tract (Tract B, Vail Village 13`) is immediately west of the subject property. The property is .437 acres (19,040 sq. ft.) in size and the site terrain would generally be described as flat. However, the site is heavily impacted by wetlands and a drainage course that bisects the lot. Over the years the Adair's have worked with these constraints to enhance wetlands and water features. Notwithstanding these landscape improvements the wetlands and drainage courses present a significant constraint to development and essentially result in the western two-thirds of the lot being unbuildable. The approximate wetland area is 3,780 sq. ft. and water features are approximately 2,000 sq. ft. In addition to these natural constraints a utility easement on the western portion of the property encompasses 5,060 sq. ft. Collectively these constraints total approximately 10,800 sq. ft., or 57% of the total lot area. The property is also located within a debris flow area as mapped by the Town of Vail Hazard Maps. A hazard assessment of the property has been completed by a certified geologist and this hazard will not present a constraint to the proposed addition. Debris flow areas, wetlands and water features are depicted on the Existing Conditions/Constraints Map below. - Fxisting Conditions / Constraint, i :\dair Rtwidvnce Octohcr'09 - - - - 7- A . ~ r ' j}• ~ k ; , fi ~ This diagram depicts site constraints that limit development opportunities of the property. Adair Residence 3 Setback Variance Request Approximately 4,325 square feet, or 22.7% of the total 19,040 sq. ft. of lot area is buildable. This figure is determined by excluding setbacks area, easements, wetland and water courses and portions of the lot bisected by the wetlands/water features from the total site area. The development potential of this lot is severely limited by these existing conditions and this represents a significant practical difficulty and physical hardship. The diagram below depicts the portion of the lot that is buildable, i.e. exclusive of setbacks, easements, wetlands, water courses and areas bisected by such features. Buildable Area j Adair R,sidence Cttober'(N may' ~ ~ • ' is _ _ . _ ~ , ~ .01 1 t 1 ! i 1 Buildable area of the lot is approximately 4,325 sq. ft., or only 22.7% of the total site area. Background on the Proposal The Adair's applied for variances to allow for an addition to their home in January of 2008. This variance request was denied by the PEC in March of 2008. While the addition proposed at that time is similar to this proposal, changes have been made to the design of the addition and new information regarding site conditions and surrounding uses has been provided. Based on the 2008 Staff memorandum and the minutes of the PEC meeting, the previous request was denied for four reasons. The following is a summary of these reasons and how each has been addressed in this new application. In addition to explaining how this proposal is different from the 2008 submittal, this section of the application also outlines how the current application positively addresses the factors to be considered by the PEC when reviewing a variance request. Adair Residence 4 Setback Variance Request The proposed variance requests were deemed to go beyond the "minimum degree of relief necessary " Plans have been revised such that the extent of encroachment from the garage into the front setback has been reduced by approximately 5', thereby reducing the degree of relief previously requested. It is also noteworthy that while the master bedroom encroaches into the side setback, the property is not utilizing anywhere near its allowable GRFA. If this application is approved just under 2,000 sq. ft. of GRFA will remain. The proposed garage is also less than 600 sq. ft. which is a "garage standard" as defined by town code. The proposal is not "maximizing" the development rights of the property and as such the proposal does reflect the minimum degree of relief necessary for this property "to be treated equally to other property in the zone district". 2. Other areas of the lot are available to accommodate an addition. The PEC and staff has suggested the south portion of the lot be considered for the addition. This portion of the lot was considered but is not a viable location for the following reasons: • The new garage is proposed to be located in the same location as the existing garage/driveway. To relocated the garage to the south would 1) require the removal of existing mature trees, 2) adversely impact the neighboring residence, 3) require fairly extensive grading, and 4) would require renovation if not reconstruction of the entire home. The master bed could "fit" within setbacks and outside of wetland areas on the south/west side of the home. However, to do so would 1) adversely impact the neighboring residence, and 2) essentially destroy the living room by cutting off light, air and views currently provided by large "picture windows" on the west side of the home. While a building footprint could be accommodated in this area it would create a tremendous practical difficulty for the Adair's. The diagrams below shows the two areas on the south side of the home where some limited "buildable area" is located and how an addition adjacent to the existing living room would adversely impact the views, light, air and internal circulation of the home. Adair Residence Setback Variance Request i Current Buildable,%reas Adair Rc: idence Cktober'09 r r f. Oe Y F rY -r i < I i _ p 1 ..fin HLE This diagram depicts areas within setbacks that in theory could accommodate an addition to the existing residence. Alternate Master Bednxmm I ,cation R Adair Residence lwpternber IN aaA sa a3 rp 0 . L ..v li _a- w o o, wW t ~ 2 b 3 ff _ q ' r.a ly{{ 1~~ • . r w. ,•w IT - - A101 This diagram demonstrates the severe impact that would result to the existing home by locating the master bedroom adjacent to the living room. Adair Residence 6 Setback Variance Request 3. Concern with the addition spanning the wetlands and potential issues The proposed design solution involves a creative approach to addressing the site constraints presented by existing wetlands and water features. It has been concluded that the new garage is most appropriately located in the same location as the existing garage. The master bedroom then works quite well when located directly behind the garage, particularly given the existing floor plan of the home. However, wetlands and water courses in this area create a design challenge. The solution involves placing piers on a small upland area and then cantilevering the addition partly over the wetlands and water. This design approach has been presented to a wetland consultant whose evaluation of this design is found in the appendix. This evaluation concluded that: • The placement of the piers and other construction related to the addition will likely create some temporary impact on the wetland area. If Army Corp permitting is necessary it is very feasible to assume these permits could be obtained using Nationwide Permit 433. • Typically placing a structure over wetland habitat would diminish the value of the wetlands. However in this case very little wetland vegetation exists where the addition is proposed. • The cantilevered design is a very positive response to the wetlands in that it will allow the flow of water to continue, thus hydric soils will not be affected and the function of this aquatic/wetland feature will be maintained. • The cantilevered structure itself is not a "regulated activity" by the Army Corp, While it may seem counter intuitive to think building over wetlands is a benefit to an aquatic and wetland resource, in this case the design represents a creative solution to addressing the owners development objectives while minimizing impacts on the wetland habitat. At a broad level the wetlands represent a site constraint that influenced the design of the original home and potential locations for additions to the existing home. The small area of upland terrain is conveniently located to provide an opportunity to construct an addition partly into this area in a way that minimizes impacts to the resource. The figure on the following page is an enlarged drawing of how the piers are located proximate to the wetland area. Adair Residence Setback Variance Request &LWW9U,J ML04.(Uaa a n ~e~ewuoau cLSmoaa O,pnIS u6 sa(O P \ I .t ,Oil 9 { I OOYdO-W'IVA a + avou SlIVI RLO0e sroe 130Ow3a UIVOV S ~ 7~; a - - - - - - - - - - - - - - - - - - I •x j_ ,..a~ -r - ' I I ~ I I ~ I I I it I I e I 1 S~ ~I I I I _ r ~g O WN Q Adair Residence 8 Setback Variance Request W- 4. Implications of the addition being located partially within a utility easement. The northwestern corner of the Adair's lot is encumbered by a utility easement approximately 5,000 sq. ft. in size. A portion of the bedroom addition is located within this easement. While efforts are currently underway to determine which utility providers utilize this easement, it is assumed that ERWSD is the primary user of this easement. The Adair's have coordinated closely with staff from ERWSD. A letter indicating support of the proposed addition is found in the appendix of this report. Variance Criteria The following review criteria are to be used by the PEC when considering a variance request: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The proposed addition will have no adverse impacts on any surrounding property or structure. The property closest to the proposed addition is the Town of Vail owned parcel to the north. The ERWSD has an easement over much of this parcel and has many improvement on both the Adair and Town parcel. The District has provided a letter indicating that the proposed addition will not adversely affect these improvements. Given the District's easement and existing improvements on the Town of Vail lot it is not unreasonable to assume that future development will be limited to utility improvements. 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 property is severely impacted by natural site constraints that significantly limit opportunities to develop the lot's allowable square footage. In addition, the existing floor plan of the home creates limitations on where a master bedroom addition could be located. Historically the Town has given consideration to existing structures/floor plans when considering variance requests relative to evaluating feasible locations for additions. In this case other locations for the addition within setback areas would create significant practical difficulties for the Adair's. Given the existing floor plan of the home, existing site constraints and the fact that the property is only utilizing 73% of its allowable GRFA, the proposed variances are the minimal degree necessary to allow the owners to achieve compatibility and uniformity of treatment among sites in the vicinity. Adair Residence Setback Variance Request 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. As indicated above, the ERWSD has indicated that the proposed addition will not interfere with its utility operations in and around the site. The garage/driveway design previously submitted in 2008 was endorsed by the Public Works Department and the revised design has moved the garage five feet further from the road so it is reasonable to assume that this design is not adversely affecting the public right-of-way and surrounding traffic facilities. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. The property has a large number of unique site constraints that present a significant constraint to development. The proposed design solution represents a creative approach to achieving the owner's development rights while minimizing impacts on aquatic and wetland resources. Variance Finding The planning and environmental commission shall make the following findings before granting a variance: 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. The granting of this variance request will not constitute a grant of special privilege as similar variance requests on similar properties have been approved in the past. The reasons for the variance request are significant site constraints along with practical difficulties given the design of the existing home. The Town has a long track record of approving variances on properties with similar characteristics. Approval of this request would not grant a privilege to the owners that has not been granted to many other property owners. 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. There are no adverse impacts that could result from the project that would be detrimental to the public health, safety or welfare, or material injurious to the properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. Adair Residence 10 Setback Variance Request 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. (Ord. 29(2005) § 39: Ord. 8(1973) § 19.600) The proposed variance request is warranted by each of the three reasons listed above. The literal interpretation and enforcement of the setback regulations will create practical difficulties that would prevent the owners from exercising the property's development rights. The property is severely constrained by physical site conditions that present extraordinary circumstances generally not found on other properties in the same zone district. Existing site conditions deprive the owners from privileges enjoyed by owners of other properties in the same zone district. Summary The Adair property is significantly impacted by site constraints that limit design opportunities to implement their development rights. The proposed addition to the Adair Residence has been designed to minimize the degree of relief necessary to the setback standards while achieving their development objectives. As established by information provided herein, without relief from the strict and literal interpretations of the setback regulations the Adair's would be faced with extreme hardships and practical difficulties and would be deprived of privileges enjoyed by owners of other properties in the same zone district. It has also been demonstrated that the proposed addition will not adversely impact properties or uses in the vicinity. The Purpose section of Chapter 12-17 Variances of the Town Code states: "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. The variance process is in place in order to allow some discretion for relief to zoning standards in cases where unique circumstances exist. Site conditions and existing structures are two such circumstances. The PEC's ability to grant variances is intended to ensure that owners such as the Adair's are granted the same privileges enjoyed by others in the same zone district, specifically privileges that would otherwise be denied by the strict and literal interpretation of the zoning code. The addition and variances requested by the Adair's are "text book" cases of why the variance process is in place. Adair Residence 11 Setback Variance Request Appendix • Letter from ERWSD, dated 9/30/09 • Preliminary Design Review for Wetlands Impacts Letter, dated 10/21/09 by Watershed Environmental Consultants • Architectural plans prepared by Pure Design Studio, dated 10/19/09 Adair Residence 12 Setback Variance Request Attachment C % I 3 % o I e , N04'45 33"E - 60.71' % % Oeoe ~ Y5 °9 i % ~a % 33 f \ Bg \ a g: \ 0 e _ n ss o y DE SE LCK 3? - gg a` ~ yf 'IFS - f~F g~ p o 3F$ E ....+n F.. kI I ' - e $s - a - .1 1. _ ®®®®O e0 o O o AN A Z AO M* N AD O 0O AD3 O ~;re ~ _ a m~ Gl ~;1~~ p ~ ~rT Om G1 K -i O D v OO m n v000 D y0 = on e v+inz OO y m .i e 0 00 0 m 0 zzsar 0000 > 93 Gt AiOD 0 Z „ tnm~ Y =1yLl O O e O w ~ y m QO y~ D u mmmm x z rang A m ~ N Y nnm m m W vz9 " D x rn p m e ox W m - ~ rX^ Z 00'~ 2 O y ~ p D ~ Gl m 2N O A 00 2 m c~i o ~ o M Y ~Vm aa~ D 0 ~ a o N M m `"o ADAIR REMODEL O sign tudio Q ti Z y = 8 8 3035 BOOTH FALLS ROAD VAIL, COLORADO u r e po box 527 wolcott co 81655 P970.470.1222 f970.926.9078 J \ I . . 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Mr. Tom Braun 225 Main Street, Suite G-2 Edwards, CO 81632 RE: Preliminary Design Review for Wetland Impacts, 3035 Booth Falls Road, Eagle County, Colorado Dear Tom, As per your request, I have reviewed the plan set created by Pure Design Studios labeled Adair Remodel (dated 10.19.09) for potential impacts to wetlands and jurisdictional waters of the U.S., permitting requirements, and feasibility. As you are aware, the areas within the identified limits of the established wetlands as described in the report, Wetland Delineation 3035 Booth Falls Road, Vail, Colorado revised January 31, 2008 are subject to the rules and regulations of Section 404 of the Clean Water Act (CWA). Any impacts to such areas will require a permit from the U.S. Army Corps of Engineers (USACE) prior to construction. As proposed and described in the above referenced drawings, the residential addition is designed to utilize pier supports with beams to bridge over the wetlands. Although, the piers are located within upland areas, it is likely that structural fill at the base of the piers will necessitate minor wetland impacts. Additionally, temporary impacts for construction access will likely be needed for the project development due to site constraints. These anticipated impacts could be covered under Nationwide Permit (NWP) #29, Residential Developments, and Nationwide Permit #33, Temporary Construction, Access and Dewatering. Based on my experience in working with the USACE, it is reasonable to believe that these permits will be approved. A wetland is defined by the presence of wetland hydrology, hydric soils, and wetland vegetation. Wetland hydrology and hydric soils will be maintained but, wetland vegetation covered by the cantilevered addition may be negatively affected due to the lack of sunlight and available moisture. Therefore, the value of the wetland may be somewhat diminished. However, due to the large boulders lining the stream in this location, very little wetland vegetation currently exists. The proposed design allows for streamflow to remain unimpeded and hydric soils will not be affected, thus maintaining the function of this aquatic and wetland feature. The USACE only regulates the discharge of dredged or fill material into jurisdictional waters of the U.S.; the cantilever over the waters and wetland is not a regulated activity. Watershed Environmental Consultants, Inc. Wetland Sciences • Environmental Planning • Hydrology • Habitat Inventory/Restoration • Permitting P.O. Box 3722, Eagle, CO 81631, Voice & Fax: 970/328-4364 All projects reviewed by the USACE consider if the proposed plan has avoided impacts where possible. Particular site constraints limit possibilities for further development of the property. Alternatives to the presented plan to span the wetlands would likely have greater impacts to the aquatic resources. Although it is not possible to guarantee a favorable outcome, it is likely that the USACE will view the proposed plan as minimizing impacts to aquatic and wetland resources on the property. Tom, please be in touch if you would like to further discuss my initial comments and reactions to the proposed plan at 3035 Booth Falls Road. Kind Regards, Daiva Katieb, certified professional wetland scientist Attachment: F Wetland Delineation 3035 Booth Falls Road Vail, Colorado Prepared for: John and Katherine Adair C/O Pure Design Studio Millie Aldrich P-0. Box 527 Wolcott, Colorado 81655 Revised January 31, 2008 TABLE OF CONTENTS Page 1. INTRODUCTION 1 II. IviETHODS 1 III. DESCRIPTION OF STUDY AREA 3 Soils 3 Vegetation 3 Hydrology 4 IV. RESULTS 5 5 V. REFERENCES VI. APPENDICIES 7 LIST OF TABLES Table Page 1. Plant Species List, 3035 Booth Falls Road 3 LIST OF FIGURES Figure Page I. Project location map 2 2. View of spring source near the northeastern properly corner.... 8 3. Inflow from spring to tributary of Booth Creek on site.....-..... 8 4. View of tributary to Booth Creek and pond on site 9 5. View of delineated wetlands associated with tributary to Booth Creek on site 9 6- View of pond inflow and outflow 10 7. View of seeps below pond 10 8. View of tributary to Booth Creek . . near southern property line 11 LIST OF APPENDICES Appendix Page 7 A. Photographs of study site B. Data forms 12 C. Wetland delineation map . 17 I. INTRODUCTION: John and Katherine Adair own the 0.44-acre property at 3035 Booth Falls Road in the Vail area, located within Section 2, Township 5 South, Range 80 West. The site is county parcel #210102303001 and presently contains an existing home. The Adairs are initiating plans to redevelop the residence. Pure Design Studio, Ms. Milie Aldrich, P.O. Box 527, Wolcott, CO 81655 is the project architect. The project site has been evaluated for wetlands or jurisdictional waters of the U.S. A site visit was conducted on May 8th, 2007- The project is still in the planning phase; this delineation is intended to assist with the project planning. No impacts to the wetlands have been identified at this time. H. METHODS: Wetlands were evaluated by employing procedures described in the U.S. Army Corps of Engineers (USACE) Wetlands Delineation Manual (1987). A routine on-site inspection for wettand areas less than 5 acres was conducted. Wetland boundaries were based on the prevalence of hydrophytic vegetation, hydric soils, and indicators of wetland hydrology. Section III. Description of Study Area, of this report records the evaluation of the vegetation, soils, and hydrology of the site. Photographs of the study site are included in Appendix A. Field forms for the vegetation, soils, and hydrology are included in Appendix B. Table 1 lists the dominant vegetation observed on the project site. The wetland boundaries were identified in the field with flags labeled alpha- numerically. These flagged points were surveyed and a map is provided in Appendix C. 1 3035 Booth Falls Road Wetland Delineation TOPO! mat) printed on 06/10/07 from "Unclliled.tpO" 3035 Booth Falls Road Weiland Delineation o 0 OM FEET 0 so NErfas ',af crzt-drith TO?O'82_0~-~uicntl G-: hi_(=-cTrn6rnilrsa+Ph .c:m ~^pc: Figure 1. - Project location map. III. DESCRIPTION OF STUDY AREA: Climatic data for the project site was obtained at station C02454, Eagle FAA Airport, elevation 6,500 feet, located about 32 miles straight-line distance west of the project site. The recorded mean annual precipitation is 10.65 inches and the mean annual temperature is 42.76° F, both values were averaged over 58 years of record (Western Regional Climate Center, 2007). Precipitation is relatively evenly distributed throughout the year, with slightly higher amounts occurring in late summer and autumn. The growing season, days with the low temperature above 32° F, is less than 90 days. The project site is at an elevation of approximately 8,617 feet. Several riparian wetland areas have been identified along a man-made pond and an unnamed spring-fed tributary to Booth Creek as it flows through the property. Soils The Natural Resource Conservation Service (NRCS) has not mapped the soils in the area. However, the soils observed in the field had similar properties to the Forsey cobbly loam complex. This complex is mapped elsewhere in the region with similar parent material, aspect, and elevation- Following is a description for Forsey cobbly loam. The Forsey cobbly loam complex is a deep, well-drained soil typically found on alluvial fans, mountain sides, and ridges. The parent material of the soil is alluvium, colluvium, and residuum derived from mixed mineralogy. The unit includes small areas of sandstone outcrops. This soil has a moderate permeability. Vegetation Much of the site has been cleared of native vegetation and is landscaped with both indigenous and ornamental vegetation- The landscaped areas are irrigated. The following table lists the dominant plant species that were observed on and near the project area. Table 1. - Plant Species List, 3035 Booth Falls Road Scientific Common Family Origin* Wetland** Name Name Status Agrostis stolonifera Redtop Poaceae I FACW Alnus incana Mountain alder Betulaceae N FACW Aquilegia caerulea Colorado blue columbine Ranunculaceae N FACU Caltha leptosepala Marsh marigold Ranunculaceae N OBL Carex aquatilis Water sedge Cyperaceae N OBL Carex garberi Elk sedge Cyperaceae N FACW Coriopsis palmate Coriopsis Asteraceae I NL Elymus cinereus Basin wildrye Poaceae N NI Equisetum hyemale Scouringrush horsetail Equisetaceae N FACW Fragaria vesca Woodland strawberry Rosaceae N NL Heracleum sphondylium Cow parsnip Apiaceae N FAC Leucanthemum maximum Shasta daisy Asteraceae I NL 3 3035 Booth Falls Road Wetland Delineation Table 1. - (Continued) Scientific Common Family Origin* Wetland** Name Name Status Lupinus caudatum Tailcup lupine Fabiaceae N NL Lysimachia nummularia Creeping Jenny Primulaceae I NI Populus angustifolia Narrowleaf cottonwood Salicaceae N FAC+ Populus tremuloides Aspen Salicaceae N FAC Salix monticola Mountain willow Salicaceae N OBL Salvia divinorum Salvia Lamiaceae C NL Schoenoplectus acutus Hardstem bulrush Cyperaceae N OBL Tarazacum officinale Common dandelion Asteraceae I NL Thymus praecox Creeping thyme Lamiaceae I NL Vulpia octoflora Sixweeks fescue Poaceae N UPI, Wyethia angustifolia Mule's ear Asteraceae N NI *origin I Introduced N Native C Cultivated **Wetland Status NL Not Listed NI No Indicator UPI, Obligate Upland FACU Facultative Upland FAC Facultative FACW Facultative Wet OBL Obligate HydroloQ y A perennial spring-fed tributary to Booth Creek and an associated man-made pond are the hydrologic features on the site. Only a portion of the tributary flows through the subject property, the remainder of flow is conveyed through a ditch north of the property line which is redirected to the west. The on site pond is filled with water that is controlled by a headgate off the diverted ditch of the tributary. Flow into the tributary on the property is further augmented by two springs originating just off-site near the northeast property comer. Portions of the tributary through the property are lined with large landscape boulders- In these areas, the limits of jurisdiction extended to the ordinary high water mark as identified by water stains. Hydrologic records for Booth Creek were obtained from the U.S. Geological Survey ("USGS") hydrograph records for Station Number 09066200, Booth Creek near Minturn, Colorado, located at 39°3854" latitude, 106°19'21" longitude NAD27, at 8,325 feet above sea level. This gage is 4 3035 Booth Falls Road Wetland Delineation immediately upstream of the project site above the confluence of the tributary which flows through the subject property. This gaged data provides the best available information about the stream flows of Booth Creek near the site. Booth Creek drains a watershed of approximately 6.02 square miles above the gaged location. The gage has been in operation from 1964 to 2006, providing us with 43 years of record. The hydrology of the Booth Creek is dominated by the annual cycle of snowmelt runoff. Peak streamflow resulting from snowmelt occurs in May, June, or July each year, followed by lowest flows throughout the fall and winter months. Average annual streamflow of Booth Creek at the gage location is 11.9 cubic feet per second (`cfs'). The highest mean monthly streamflow recorded at this location was 123.4 cfs in June 1982. IV. RESULTS: Riparian wetlands associated with an unnamed tributary to Booth Creek, other tributary springs, and a man-made pond were identified on the project site. This area was flagged in the field and labeled alpha-numerically: Al to A28, BI to B45, and CI to C 11 defines the upland island within the tributary. All aspects of wetlands, hydrophytic vegetation, hydric soils, and indicators of wetland hydrology, were evidenced at the established areas. In locations impacted by the creek-side landscape boulders, the limits of jurisdiction were established at the ordinary high- water mark as evidenced by discoloration on the boulders. The approximate area of identified wetlands on the property is 3,780 squarefeet or 0.087 acres measured between the established wetland boundaries. A domestic remodel is planned for the property; however, the project is still being planned. This wetland delineation will assist with the design of the project. The impacts to jurisdictional wetlands have not yet been identified; therefore, no USACE permit is being pursued at present and this wetland delineation has not been forwarded to the USACE for verification. V. REFERENCES: Reed, B.R_ 1988. National List of plant Species that occur in wetlands; Colorado. U.S. Fish and Wildlife Service. St. Petersburg, FL. Stubbendieck, J., Hatch, S.L., Butterfield, C_H. 1997_ North American Range Plants, Fifth Edition. The University of Nebraska Press, Lincoln, Nebraska- U.S. Army Corps of Engineers. 1987. Wetlands Delineation Manual, Technical report Y-87-1. U.S. Army Corps of Engineers Waterways Experiment Station, Vicksburg, MS. USDA, NRCS 2007. The PLANTS Database (hgp ///plants.usda.gov/plants . National Plants Data Center, Baton Rouge, Louisiana 70874-4490 USA. 5 3035 Booth Falls Road Wetland Delineation USDA, NRCS 2000. Hydric Soils of the United States (htt,p://www.statlab.iastate.edu/soils/hydric/). Iowa State University Statistical Laboratory. USDA, USGS 2007- Surface Water data for USA: Monthly Streamflow Statistics (http://waterdata.usgs.gov/nwis/monthly). Reston, VA 20192. Western Regional Climate Center 2007. (www.wrcc.dri.edu). 2215 Raggio Parkway Reno, Nevada 89512. 6 3035 Booth Falls Road Wetland Delineation APPENDIX A Photographs of Study Site 3035 Booth Falls Road Wetland Delineation Figure 2. - View of spring source near the northeastern property corner. Figure 3. - Inflow from spring to tributary of .Booth l reex on site. 8 3035 Booth Falls Road Wetland Delineation Figure 4. - View of tributary to Booth Creek and pond on site. Figure 5. - View of delineated wetlands associated with tributary to Booth Creek on site. 9 3035 Booth Falls Road Wetland Delineation Figure 6 Figure 7. - View of seeps below pond. 10 3035 Booth Falls Road Wetland Delineation - View of pond inflow and outflow. Figure 8. - View of tributary to Booth Creek near southern property line. 11 3035 Booth Falls Road Wetland Delineation APPENDIX B Data forms 12 3035 Booth Falls Road Wetland Delineation DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Date: wner: Courtly: r: 4 State L'D P Circumstances exist on the site? No Commurifty ID: Sal significantly dstubed (Atypical Situation)? Yes Transect ID- Ii a potential Problem Area? Yes Plot ID: d non reverse_ aX m hdimr, , 1 l P~~' 2_ o nGLL~ ~i~ O L 11 i 7. 1 1 1 Stratu m indicator Percent Dom&1ard Species that are OBL, FACW or FAC y/Z Remarks: HYDROLOGY - Recorded Data (Describe in Remarks): Wetland hydrology ttducators: - Stream. Lake. or Tide Gauge Aarlal Photo r h Primary hficat?ors: - g i s - Other Inundated ]z Saturated in Upper 12 k>cfies - No Recorded Data Available _ Water Marks Orin Lines - S RM Observations: e*nent Deposits ~ Drainage Patterns in Wetlands Secondary It s (2 or more required): _ Depth of Surface Water- Owdized Root Channels in Upper 12 Incites De th t F W 5 _ water-Stained 1-naves p o ree ater In Pit { ) _ Local Sol Survey Data FAC Neutral Test Depth to Saturated Soil: Other (Explain in Remart6) Remarks: &?e/,5 b'00 Ids E32 Appends B Blank and Eummple Data Forms SOILS Map llnit Name Drainage Class: (Series and Phase): Field Observations Confirm Mapped Type? Yes No Taxorwmy (Subg(oup): Motile colors Wtue dance! Texture. Concretions, Depth Matruc j Color ru~~nwuMcristl c rmtrast c.( ~Q e(niches) 14ormon MMMA Wisp UCIIA. A X10 u a r~ Hydric SoN Indicators: Wtosol Hstic Eplpedon _ Sufic Odor Aquic t4obiture Regime Reducing Conditions Gleyed or tow-Chroma Colors Renmdcs: Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking In Sandy Soils _ Listed an Local Hydric Soils List Listed on National Hydfic soft List Other (E)kakr in Remarks) Hydrophytic Present? Vaget0tim Yes No (Circle) (Greta) Wetland Hydrdogy Present? No "jitdc Soils Present? No 5 this Sampling Pont Within a Wetland? No Remarks: ~'/1~fs l''%tl id `~~~=Z:: f~s :'1R~`~'LC?r) fl9G f? •`3~~f%°t-*''t Am ved by PADMACE 3M B3 Appondiz B Blank and Example Data Forms DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) 11 Project/Site: z~ h rn' _ Date: S1~ = Applicant/Owner Coy e ity: Ile Investigator_ State: Gam' Do Normal C kcumstances exist on time site? 6~ No Community ID: Is the site significantly disturbed (Atypical Situation)? Yes Transect ID: / Is the area a potential Problem Area? Yes L. Plot ID: Z If needed lain on reverse. VEGETATION Dominani Plant ` e Stratum Inckwor i am en Stratum indicator ..6 /1/L s. ss z v ~~s - AL ,o. e 3 Cliff etb L 11.E t~P /®Y~i(1 4- 12 5. is B. 14. 7. is_ 8 16- Percent of Dominant Species that are OBL. FACW or FAC texclijding FAC . Remarks - Recorded Data (Describe in Remarks): Wend Hydrology indicators: - Stream. Lake, or Tude Gauge Aerial Photo ra hs Primary Indicators: i t d d - g p -Other _ iurr a e _ Saturated in Upper 12 itches -No Recorded Data Available _ Water Marks _ Drift Lines Field Observations: _ Sentiment Deposits _ Drainage Patterns In Wetlands Secondary Indicators (2 or more requiradr Depth of Surface Water: Oxidized Root Chamois in Upper 12 Inches Water-Stained LAeves Depth to Free Water in Pit (ta) - Local Sol Survey Date _ FAGNartral Test Depth io Saturated Sat Other (Explain in Remarks) Remarks: B2 Appendix 13 Blank and Example Data Forms Attachment: G Michael W. West & Associates, Inc. Consulting Fngineecs ❑nd Geologists November 13, 2009 Gcoingical, Go AL-Chnlcal, Mid NIOUnlainous Temun Engineering Mr. and Mrs. John Adair c/o Mr. Tom Braun Braun Associates, Inc. 225 Main Street, Suite G-2 Edwards, CO 81632 2 Inverness Drive List, Suite 106 Englewood, CO 80112.5508 (720) 529-5300 Fax: (720) 529-5335 'roll Free: (877) 318-2499 &Niail: mwestcum ive_st-assoc.mm www.m-west-assoc.eom SUBJECT: Debris Flow Hazard Assessment and Mitigation, Adair Residence, Vail, Colorado. Dear Mr. and Mrs. Adair: As requested by Mr. Tom Braun of Braun Associates, we are pleased to present this report describing our assessment of debris flow hazards related to the proposed addition to the Adair residence in Vail. Mr. Braun has provided copies of the proposed plans prepared by Pure Design Studio, as well as a topographic map of the lot and the surrounding area (Figure 1), prepared by Peak Land Consultants. We also have in our files hazard mapping from the Town of Vail. The Adair Residence is located on Lot 12, Block 12, Vail Village, Thirteenth Filing. According to the Official Debris Flow Hazard Map adopted by the Town of Vail, an area mapped as "hig11/moderate hazard debris flow area" extends onto the property. This debris flow hazard map is based on the Debris Flow and Debris Avalanche Hazard Analysis Map by Arthur I. Mears (November, 1984). The Adair residence is not located in any other hazard zones, according to the other Town of Vail hazard maps for flood, rockfall and avalanche. The proposed addition involves generally "cantilever", but also standard/on- grade construction of a new bedroom wing out over the mapped hazard area, with supporting foundations constructed in the hazard area. Mr. Braun has asked that we address two questions: 1. Will construction of the proposed addition have any negative impact on the debris flow hazard condition that nearby properties are exposed to? 2. Can the drag forces exerted on the proposed foundations installed in the hazard area by predictable debris flow events be reasonably predicted so that the addition can be reasonably engineered to function in such a debris flow event? We conducted a site visit on the afternoon of October 15, 2009. The purpose of this visit was to assess the hazard condition, including conditions upstream and downstream of the property, along the debris flow channel and mapped hazard area. We also met with members of the design team, to assure that Mr. and Mrs. John Adair November 13, 2009 Page 2 we correctly understood the concept of the proposed addition, in terms of both design and construction, to the extent required to understand the hazard issue and develop mitigation recommendations. During our site visit we observed evidence of the existing debris flow hazard: the large mass of alluvial fan debris deposited at closest approach approximately 80 feet northwest of the Adair residence during an event in 1984 (Greg Hall, Town of Vail Public Works Department, personal communication). This debris fan mass is elongate, approximately 400 feet by 70 feet, and is located east-adjacent to the well-incised, north-south trending Booth Creek. We also observed mitigation/earth-berm features in place, as well as adjacent and downstream properties. We recognized 2 mitigating earth berms, one located north of the residence near the apex of the alluvial fan and another immediately northwest of the residence in the form of an elevated service road. These features are labeled on Figure 1 of this report. Based on our site visit we generally agree with the Town of Vail hazard snapping. We agree that a debris flow hazard exists for the Adair's lot, and for other lots in the area that "back up" to Booth Creek. However, the boundary between "moderate" and "high" hazard as indicated on the Adair lot site plan provided by Peak (which we understand is based on Town mapping) does not appear to be associated with any terrain or morphological feature. We believe, based on our on-site observations, that the logical location for this boundary is either the service road berm further to the northwest, or the large remnant of debris further north and west than the service road. Thus, we believe the Adair's proposed addition lies in a "moderate" hazard area, based on use of that term in the Town of Vail mapping. Therefore, we believe that significant mitigation is already in place for the Adair's existing residence and the proposed addition, consisting of- • The large mass of alluvial fan debris in place between the existing Booth Creek channel and the Adair residence, • The well-incised Booth Creek channel north and west of the Adair residence, • An earth berm near the upstream end or apex of the alluvial fan, that we believe, along with the existing debris, will effectively keep all but an extreme debris flow event within the existing Booth Creek channel, • The existing service road berm, that offers secondary protection for events that are large enough to overwhelm the apex berm and/or the existing creek channel described above. This mitigation may have been put in place in response to the previous 1984 debris flow event, or may have been put in place at other times or for other purposes. In any event, we believe that the hazard has been reasonably mitigated for the Adair's lot. Mr. and Mrs. John Adair November 13, 2009 Page 3 An extreme debris flow event would be required to overwhelm the mitigation that is in place. It is arguable as to whether such an event is reasonable to anticipate. If foreseeable, an event of this size would threaten the Adair's residence as well as others downstream. However, adverse impacts of the Adair's proposed addition on the risk for downstream neighbors would be insignificant for such an extreme event. Thus, it is our opinion that the Adair's proposed addition will not increase the hazard to other properties or structures, within a reasonable degree of engineering certainty. Despite the mitigation in place, it would be reasonable and prudent to design the supporting foundation piers for the Adair's proposed addition for debris flow loading. This can be done using reasonably adjusted relationships developed and understood for design of bridge piers for flood flows. We will be pleased to provide this information to your designers when required. We appreciate being of service in this matter. This report has been prepared to be consistent with that level of care and effort exercised by other members of our profession. Please call if you have any questions about these observations. Sincerely, MICHAEL W. WEST & ASSOCIATES, INC. Julia M. Frazier Engineering Geologist Principal Geotechnical l 4 'zUZyqy 'a W O ~ ^ kk _ # ZYW ~O UVW~p F 00 _ ~ y 0.pUF ~ n U „k S a.. goo fp, SIR~~ yj•• 0 ;9'56 aa8 ~ ~=~~s! - .000 0 121.62 Y I ~ L I \ ~ / ~ i \ 4F -Mm . a L n W IRE I 1\111 . \ :i d ~ •8peg ■ I ,11'09 - 3,£f~StYON ~@ \ • 7 Vaal WOOS pasiaul-IIaM Y 'g p Iltp Cab ,y E o $'b?Y ~1~~ 3~ b W a e ~ 8 ~ ' e a4 Sb 3 M @ W~bV W~ b b- b° g y".., Q 1 A .~~g~$ab s~ p$ o e e ba Fe'~m5- "t- Pl MI I a ti ~j 4j 4 8 $b _ as-$g 4" `s $6a rN w W, ii 8 €E19 g 8 a $si '2 X- E~ 5"3 Y,n Y F 3 y W eY rt ~ab a HIP .gb~~ €€5 g sIs mill y gi E 7 $Q b~ i; a a: b$ e E a a a£b e g 'g bz „E ~r a ~yr ~ ~9~ ~Q~e~@ '§~~~"g• @ ~ P ~ ~ ~yo o ~ E~s a~ §~5 ~~~FB Q$,~e~ =8$ §$8~eff 8e~~$ ~ W'aa~b :~S ~ „ pa yes a ~ a aQ Mt.wwonw til~w Attachment: H EAGLE RIVER WATER & SANITATION DISTRICT 846 Forest Road • Vail, Colorado 81657 (970) 476-7480 • FAX (970) 476-4089 September 30, 2009 Mr. Bill Gibson Planner Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Subject: Adair Property at 3035 Booth Falls Road and Adjacent District Mains Dear Bill, I am writing at the request of Mr. John Adair regarding encumbrances on the Town of Vail property immediately to the north of the subject property. The District has met with Mr. Adair on two separate occasions regarding his remodel plans for the property at the subject address. As you may know, the parcel to the north of Mr. Adair's is owned by the Town of Vail and is encumbered by infrastructure owned by the Eagle River Water and Sanitation District (District). Within the Town's parcel, the District has the following facilities: 1. Access road to electrical equipment on the Adair property 2. Access road to Booth Falls Water Plant and Booth Falls Water Storage Tank 3. Booster pump station 4. Raw water main to the Booth Falls Water Plant 5. Finished water main coming out of the Booth Falls Water Storage Tank 6. Sewer main from the plant Please also refer to the attached drawing for more details. The District requires a 20' wide easement for each main. We have not field located exactly where each main lies, but we believe that a considerably large portion of the Town's property may be encumbered by District infrastructure. The District has reviewed the proposed addition to the Adair house, including an extension of the structure into the normal Town of Vail setback from the property line, and has determined that this remodel will not interfere with District easements. Sincerely, ,X00, ~ - V &JAL~- Fred S. Haslee Regulations Administrator cc: Customer Service Account # 00875600 NOV WATER, WASTEWATER, OPERATIONS & MANAGEMENT SERVICES L t~ N J Tu h S ~ r ~o V 0. DO c~ oz 3w si 4 ~ r ~ o - W ~ x F"'O FAO .CC.yy a HO~ m %tV W.. ~O OVE~.V a 5 a 4 LL A LL Z I z Y u z a c ~p ~I L Q a r a ~ A z M B yF Ali ~ / e • u 2 cL Jf~ E!e 9 l ~ 5 a i I 11 T h'9N °9WO €g e °F inn b'38 JC E I~o- 5,.b St°M1 3g~s 5M :Y^Y "v Eel :ego u=_E pig LW~.o F9C3 ~~wYy diaa3 ggegd o~~g b:„3 3 6V ^m~ F €^€:5 : "a Sh ~ \ J 2 \ I \ ~ g y~ u R Y a a G. _ ag R Attachment: I ALAN S. DANSON 3005A BOOTH FALLS ROAD VAIL, CO 81657 November 12, 2009 Members of the Planning and Environmental Commission Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Support for Adair Application To whom it may concern: I am a neighbor of the Adairs and am aware of their application for an addition to their home. I support their application for the following reasons: The proposed addition will not adversely affect any property in the neighborhood; in fact, the proposed location is the most appropriate/least impactful location for an addition. The Adair's back yard is a very special place. They have worked with the wetlands to create a wonderful landscape. Their proposed addition is a creative and sensitive solution to minimize impacts to the wetlands. The variance process is in place to allow for unique situations, just like this one. The Town should exercise the flexibility it has in the variance process to allow the Adairs to make these improvements, especially given the minimal relief being sought. The Adairs have positively modified the design from their last submittal to move the garage further from the road. Very truly yours, Alan S. Danson November 14, 2009 Members of the Planning and Environmental Commission Town of Vail 75 South Frontage Rd. Vail, CO 81657 TO WHOM IT MAY CONCERN: We are neighbors of John and Kathy Adair. Our house is at 3021 Booth Falls Rd. We are writing to state we have no objections to the Adair's request for a variance. They have a unique lot largely made up of a lovely pond and wetlands, leaving them very little room to customize their home. What they propose will not in any way adversely affect the neighborhood, in fact it will improve it. Every thing they have done to their house since they first owned it has enhanced the appearance and attractiveness of the property. We hope you will look upon this request with flexibility and consider that their request does not impinge on any neighboring property. We support granting their request for this variance. Thank you for your consideration in this matter. Sincerely. Lynn and Jo Gottlieb 3021 Booth Falls Rd. Vail, CO 81657 970 390 4390 Mr. Bill Gibson November 16, 2009 Community Development Department Town of Vail Dear Mr. Gibson and Members of the Planning and Environmental Commission: My friends and neighbors, John and Kathy Adair have applied for a variance in the local zoning that would allow substantial improvements to their residence on Booth Falls Road. My wife and I have reviewed their plans in great detail, and we feel that their project would be both aesthetically pleasing and an asset to the neighborhood. They have gone to great pains to preserve the natural aspect of their back yard, and their revised plan now under consideration minimizes the impact on this beautiful site. I can imagine only benefits to the neighborhood if they are allowed to proceed. The variance processes is designed to address situations such as this, where a minor exception to the zoning rules can result in a major improvement in the aesthetics of a project. If the Adairs are allowed to proceed as planned, the garage will be much further back from the public road, and the back yard will not be impacted. In my discussions with my neighbors, I have not encountered anyone who is not in favor of this project. Finally, our neighborhood badly needs the property owners to invest in these types of improvements. The result can only be enhanced property values, and a greater tax base. I hope, therefore, that you will be able to approve this project as it is now configured. Please feel free to contact us if there are any questions about our support for it. Thank you in advance for your consideration. Sincerely Yours, R. Kennon Guerry L 3130 Booth Falls Court Vail, Colorado 81657 George Lamb 3130 A Booth Falls Court Vail, CO 81657 November 16, 2009 To the Vail Planning and Environmental Commission: I am writing in support of the Adair Setback Variance Request. As a past member of both the PEC and the DRB, which I also chaired, I have seen many variance requests over the years. As I recall, some of the overriding considerations were impacts, unique hardships and precedent setting. Our site visits were very beneficial in that commissioners were able to visually understand the existing situation and thus come to a more insightful determination of a proposed variance. In this regard I believe that the Adair request is both reasonable and justifiable. Although I am aware of several variances which this property has been granted in past years, this request represents an extremely thorough analysis of the site which underlines the constraints uniquely inherent to the property - this variance request finally gets it right! My support of this variance is based on the overriding principals of 1.) No negative impacts to surrounding properties; 2.) A clear hardship given the wetlands, easements and the existing construction; and 3.) The number of variances within the immediate neighborhood which have been granted especially those encroaching into setbacks. Respectfully Submitted, Z~ - Attachment: J OAff TO ' 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 November 23, 2009, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for final review of a conditional use permit, pursuant to Section 12-71-5, Conditional Uses; Generally (On All Levels Of A Building), Vail Town Code, and a variance from Section 14-5-2, Other Requirements; Parking Lot and Parking Structure Design Standards For all Uses, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the development of a private parking lot with less than the required interior surface area landscaping, located at 934 South Frontage Road/unplatted, and setting forth details in regard thereto. (PEC090032, PEC090033) Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group Planner: Warren Campbell 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 the construction of additions within the front and side setbacks, located at 3035 Booth Falls Road/Lot 12, Block 1, Vail Village Filing 13, and setting forth details in regard thereto. (PEC090034) Applicant: John and Katherine Adair Planner: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published November 6, 2009, in the Vail Daily. Ms. Susan Fritz Booth Falls Mountain Homes Owners Association P.O. Box 356 Vail, CO 81658 Mary Golay 999 18th Street Suite 3210 Denver, CO 80202 Eagle River Water & Sanitation District ATTN: Fred Haslee 846 Forest Road Vail, CO 81657 Town of Vail ATTN: Bill Gibson 75 S. Frontage rd. Vail, CO 81657 ~~EE~V OCT 2 6 2009 TOWN OF /AIL i~ ~T ~ ~i0 t~ + ~ t ~ s5 .i .Y. ~jJ• . I' ~ I ~C II V I,a i ~ III lk: a, e ..mot p Al, . two *,,v t^ '.r3 ~ ~ a-•~ v.--•`''-'~ ~ A ' -+qa shy; . iol ac 17 Ilk V f. y ' F b5 t *,r i r S ti. Nlt~ ~Y ~ Yr Cf kw. ~ it V.R k1~'' ;~a "r j eV / I 4-4 r wry, e•.. .,b~ fill 7,1 r 41 As 1t'p J-. 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