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HomeMy WebLinkAboutPEC090013TOWN OF VAI਍ഀ CObTd MTY DEVELOPMENT਍ഀ Planning and Environmental Commisson਍ഀ ACTION FORM਍ഀ Department of Community Development਍ഀ 75 South Frontage Road, Vail, Colorado 81657਍ഀ tel: 970.479.2139 fax: 970.479.2452਍ഀ web: www.vailgov.com਍ഀ Project Name: Mahoney Variance PEC Number: PEC090013਍ഀ Project Description:਍ഀ Participants:਍ഀ Dormer addition and deck expansion਍ഀ OWNER MAHONEY, MARK B. & NOELLE S. 04/07/2009਍ഀ 222 CHEROKEE RD਍ഀ CHARLOTTE਍ഀ NC 28207਍ഀ APPLICANT STEVEN JAMES RIDEN, AIA ARCH 04/07/2009 Phone: 949-4121਍ഀ PO BOX 3238਍ഀ VAIL਍ഀ CO 81658਍ഀ License: 0000001738਍ഀ Project Address: 433 GORE CREEK DR VAIL Location:਍ഀ Legal Description: Lot: 15 Block: Subdivision: VAIL TRAILS EAST਍ഀ Parcel Number: 2101-082-3402-3਍ഀ Comments:਍ഀ BOARD/STAFF ACTION਍ഀ Motion By: KJESBO Action: APPROVED਍ഀ Second By: PALADINO਍ഀ Vote: 6-0-0 Date of Approval: 04/27/2009਍ഀ Conditions:਍ഀ 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.਍ഀ Cond: CON0010660਍ഀ This variance approval only applies to the proposed dormer addition, and does not਍ഀ apply to the proposed deck expansion.਍ഀ Cond: CON0010661਍ഀ This approval is contingent upon the applicants obtain Town of Vail design review਍ഀ approval for this proposal.਍ഀ Planner: Bill Gibson਍ഀ PEC Fee Paid: $500.00਍ഀ f਍ഀ E਍ഀ APR਍ഀ .TOWN OF VAtL`਍ഀ DepartmentofCommunity Development,,-,਍ഀ 75 South Frontage . oad਍ഀ Vail, CpJorA4p _਍ഀ v 9,਍ഀ wel:~਍ഀ ਍ഀ Deyelopmen਍ഀ Variance Request਍ഀ Application for Review by the਍ഀ Planning and Environmental Commission਍ഀ General Information: Variances may be granted in order to prevent or to lessen such '਍ഀ necessary physical hardships as would result from the strict interpretation and/or en kan t OF ~4~in re਍ഀ inconsistent with the development objectives of the Town of Vail. A practical diffcul ecessary physical਍ഀ may result from the size, shape, or dimensions of a site or the location of existing sthe[,W~Qn; fro ~~7},,Qq~~਍ഀ or physical conditions on the site or in the immediate vicinity; or from other physical Aw6t•9ca 1਍ഀ ditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or lpliance with a re਍ഀ shall not be a reason for granting a variance. The Vail Town Code can be found on s website at਍ഀ www.vailgov.com The proposed project may also require other permits or applicatio'Ir hV਍ഀ view Board and/or Town C ouncil.਍ഀ Fee: $500਍ഀ or਍ഀ Description of the Request:਍ഀ PI) I ial oF਍ഀ A MIA-rZffiNiss 1pot2y਍ഀ tEP- r0਍ഀ WPM r~਍ഀ a-* Akm A-਍ഀ 24 I > 1਍ഀ '0z'T'AT;Q6 CE਍ഀ .4, rF.F,-- V IWS਍ഀ Mailing Address:਍ഀ Owner's Signature:਍ഀ Primary Contact/ Owner Representative: )AJM 2t> f=Na~N C & I-H , Mf~P/਍ഀ Mailing Address: OJT 92325 ~IAIL 00 9&68 - U32 a8਍ഀ Phone: 7 6਍ഀ E-Mail: g J7=1QERSJ CM Fax: 329 d717਍ഀ For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Auth # Check # 194਍ഀ Fee Paid: 60D- Received From:਍ഀ Meeting Date: yJZ-?Ld9 PEC No.: C C?q - L-,Q 13਍ഀ Planner: IF& Project No: PRSo $ - "f035਍ഀ Zoning: 00%r Land Use: _਍ഀ Location of the Proposal: Lot: 1/3 Block: Subdivision:਍ഀ Apr-09਍ഀ Parcel Number: 2101 05Z 3¢023 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)਍ഀ Property Owner: ~~~0~~਍ഀ Steve Riden਍ഀ From: Mark Mahoney [mmahoney@gulfstreammgmt.com]਍ഀ Sent: Thursday, November 06, 2008 12:18 PM਍ഀ To: 'Jeliuk@vail.gov'਍ഀ Cc: Steve Riden; 'noellemltd@aol.com'਍ഀ Subject: FW: Signatures਍ഀ Attachments: 721_Plans_Elevs-Pro_Plans.pdf; 721_Plans_Elevs-PRO_Elevs.pdf਍ഀ To whom it may concern (sorry that 1 do not have your name),਍ഀ As per the attached email, please allow this email to serve as my authorization and substitute signature for the application਍ഀ regarding my condo unit in Vail Village.਍ഀ Please let me know if there are any other steps that I need to take in this regard.਍ഀ Best regards,਍ഀ MM਍ഀ VAIL TRAILS EAST CONDOMINIUM ASSOCIATION਍ഀ C/O VAIL HOME RENTALS, INC.਍ഀ P.O. BOX 6520਍ഀ AVON, CO 81620਍ഀ (970) 748-5016 Fax (97)748-6716਍ഀ Community Development਍ഀ 111 S. Frontage Road West਍ഀ Vail, CO 81657਍ഀ RE: Vail Trails East Condominium Units 15 & 16A਍ഀ To Whom It May Concern:਍ഀ At the most recent Board of Manager's Meeting, held on July 31, 2008, Mark Mahoney presented a਍ഀ request to remodel and possibly combine his two units located at 433 Gore Creek Drive.਍ഀ The Board unanimously approved his plans and has given him permission to move forward with the਍ഀ remodel.਍ഀ Should you have ay questions, please feel free to contact me at the number above.਍ഀ Sincerely,਍ഀ 44, 6Z4-~਍ഀ Larry Barnes਍ഀ Managing Agent਍ഀ Adjacent Property Owners to Vail Trails East਍ഀ East and North਍ഀ Town of Vail਍ഀ C/O Finance Dept਍ഀ 75 South Frontage Road਍ഀ Vail, Colorado 81657਍ഀ West਍ഀ Vail Trails Chalet਍ഀ Jeffery M. Bailey / Lori Kemmet਍ഀ 1735 View Point Road਍ഀ Boulder, Colorado 80305਍ഀ South਍ഀ All Seasons Condominium Association਍ഀ E.A.S. One Thousand Trust਍ഀ 3609 S Wadsworth Blvd 112਍ഀ Lakewood, Colorado 80235਍ഀ i7਍ഀ ਍ഀ TOWN OF VAIL, COLORADO Statement਍ഀ ਍ഀ Statement Number: 8090000292 Amount: $500.00 04/07/200903:45 PM਍ഀ Payment Method: Check Init: SAB਍ഀ Notation: 1946 STEVEN਍ഀ JAMES RIDEN, ARCHITECT਍ഀ ਍ഀ Permit No: PEC090013 Type: PEC - Variance਍ഀ Parcel No: 2101-082-3402-3਍ഀ Site Address: 433 GORE CREEK DR 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਍ഀ MEMORANDUM਍ഀ TO: Planning and Environmental Commission਍ഀ FROM: Community Development Department਍ഀ DATE: April 27, 2009਍ഀ SUBJECT: A request for a final review of a variance from 12-61-1-6, Setbacks, Vail Town਍ഀ Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an਍ഀ addition within the side setback, located at 433 Gore Creek Drive, Units 15 and਍ഀ 16 (Vail Trails East)/Lot 15, Block 4, Vail Village Filing 1, and setting forth details਍ഀ in regard thereto (PEC090013).਍ഀ Applicant: Mark and Noelle Mahoney, represented by Steve Riden Architect਍ഀ Planner: Bill Gibson਍ഀ 1. SUMMARY਍ഀ The applicants, Mark & Noelle Mahoney, represented by Steve James Riden Architect,਍ഀ are requesting a final review of a variance from 12-61-1-6, Setbacks, Vail Town Code,਍ഀ pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an addition within਍ഀ the side setback, located at 433 Gore Creek Drive, Units 15 and 16 (Vail Trails East)/Lot਍ഀ 15, Block 4, Vail Village Filing 1, and setting forth details in regard thereto.਍ഀ Based upon Staff's review of the criteria outlined in Section VIII of this memorandum and਍ഀ the evidence and testimony presented, the Community Development Department਍ഀ recommends approval, with conditions, of the variance application subject to the਍ഀ findings noted in Section IX of this memorandum.਍ഀ II. DESCRIPTION OF REQUEST਍ഀ The applicants, Mark & Noelle Mahoney, represented by Steve Riden Architect, are਍ഀ requesting a final review of a variance from Section 12-61-1-6, Setbacks, Vail Town Code,਍ഀ pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an addition within਍ഀ the side setback, located at 433 Gore Creek Drive, Units 15 and 16 (Vail Trails East).਍ഀ The applicants are proposing to construct a dormer on the north side of their existing਍ഀ non-conforming dwelling unit at Vail Trails East to match an existing dormer on the south਍ഀ side of the unit. In 2004 the south dormer was approved in error by the Town of Vail,਍ഀ and should have obtained a setback variance for its installation. The proposed dormer਍ഀ does not create additional GRFA (gross residential floor area), but allows for additional਍ഀ light to enter the upper floor of the dwelling unit.਍ഀ The applicants are also proposing to extend the existing non-conforming decks on the਍ഀ east side of the unit adjacent to a Town of Vail owned open space parcel. The existing਍ഀ deck currently encroaches into the setback within three feet of the property boundary.਍ഀ The minimum required setback for an upper level deck in this zone district is 15 feet.਍ഀ The applicants are proposing to expand this non-conforming deck further eastward to਍ഀ the property boundary.਍ഀ A vicinity map (Attachment A) and the applicants' request (Attachment B) are attached਍ഀ for reference.਍ഀ III. BACKGROUND਍ഀ The Vail Trails East site was originally subdivided under Eagle County jurisdiction in਍ഀ 1964. The existing building was subsequently constructed under Eagle County਍ഀ jurisdiction in 1965. The subject site was annexed as part of the original Town of Vail਍ഀ August of 1966. Only minor renovations have occurred to the structure since its original਍ഀ construction.਍ഀ In 2004 the existing south dormer was approved in error by the Town of Vail, and should਍ഀ have obtained a setback variance for its installation. A proposal to expand the existing਍ഀ non-conforming deck was also approved in error by the Town of Vail in 2004; however,਍ഀ that expansion was not constructed and the associated building permit has since expired.਍ഀ In 2007, the Planning and Environmental Commission granted a rear setback variance to਍ഀ multiple units at Vail Trails East to allow for the installation of bay windows on the north਍ഀ side of the building.਍ഀ On November 10, 2008, the Planning and Environmental Commission denied the਍ഀ applicants' previous setback variance application to construct an enclosed stair case and਍ഀ deck additions within the setback of the subject property. In denying these previous਍ഀ requests, the Commission found that the proposed encroachments into the side setback਍ഀ would be a grant of special privilege, enforcement of the setback regulation would not਍ഀ result in practical difficulty or unnecessary physical hardship, and enforcement of the਍ഀ setback regulation would not deprive the applicants of privileges enjoyed by the owners.਍ഀ IV. ROLES OF REVIEWING BODIES਍ഀ Order of Review: Generally, variance applications will be reviewed by the਍ഀ Planning and Environmental Commission, and then any accompanying design਍ഀ review application will be reviewed by the Design Review Board.਍ഀ Planning and Environmental Commission:਍ഀ The Planning and Environmental Commission is responsible for final approval,਍ഀ approval with modifications, or denial of a variance application, in accordance਍ഀ with Chapter 12-16, Conditional Use Permits, Vail Town Code.਍ഀ Town Council:਍ഀ The Town Council has the authority to hear and decide appeals from any਍ഀ decision, determination, or interpretation by the Planning and Environmental਍ഀ Commission and/or Design Review Board. The Town Council may also call up a਍ഀ decision of the Planning and Environmental Commission and/or Design Review਍ഀ Board.਍ഀ V. APPLICABLE PLANNING DOCUMENTS਍ഀ Staff believes that the following provisions of the Vail Town Code are relevant to the਍ഀ review of this proposal:਍ഀ 2਍ഀ TITLE 12: ZONING REGULATIONS਍ഀ Article 12-6H: High Density Multiple-Family District (in part)਍ഀ 12-6H-1: PURPOSE.਍ഀ The high density multiple-family district is intended to provide sites for multiple-਍ഀ family dwellings at densities to a maximum of twenty five (25) dwelling units per਍ഀ acre, together with such public and semipublic facilities and lodges, private਍ഀ recreation facilities and related visitor oriented uses as may appropriately be਍ഀ located in the same zone district. The high density multiple-family district is਍ഀ intended to ensure adequate light, air, open space, and other amenities਍ഀ commensurate with high density apartment, condominium and lodge uses, and to਍ഀ maintain the desirable residential and resort qualities of the zone district by਍ഀ establishing appropriate site development standards. Certain nonresidential uses਍ഀ are permitted as conditional uses, which relate to the nature of Vail as a winter਍ഀ and summer recreation and vacation community and, where permitted, are਍ഀ intended to blend harmoniously with the residential character of the zone district.਍ഀ 12-6H-6: SETBACKS:਍ഀ The minimum front setback shall be twenty feet (20'), the minimum side setback਍ഀ shall be twenty feet (20'), and the minimum rear setback shall be twenty feet਍ഀ (20').਍ഀ 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 applicants of strict or literal compliance with a regulation਍ഀ shall not be a reason for granting a variance.਍ഀ 12-17-6: Criteria and Findings:਍ഀ A. Factors Enumerated: Before acting on a variance application, the planning਍ഀ and environmental commission shall consider the following factors with respect਍ഀ to the requested variance:਍ഀ 1. The relationship of the requested variance to other existing or potential਍ഀ uses and structures in the vicinity.਍ഀ 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.਍ഀ 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.਍ഀ 4. Such other factors and criteria as the commission deems applicable to the਍ഀ proposed variance.਍ഀ B. Necessary Findings: 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.਍ഀ 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.਍ഀ 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.਍ഀ c. The strict or literal interpretation and enforcement of the specified਍ഀ regulation would deprive the applicants of privileges enjoyed by the਍ഀ owners of other properties in the same zone district.਍ഀ VI.਍ഀ VII.਍ഀ SITE ANALYSIS਍ഀ Address:਍ഀ Legal Description:਍ഀ Zoning:਍ഀ Land Use Plan Designation:਍ഀ Current Land Use:਍ഀ Lot Size:਍ഀ Standard਍ഀ Setbacks (min):਍ഀ North:਍ഀ West Side:਍ഀ East Side:਍ഀ South:਍ഀ Deck:਍ഀ GRFA (max):਍ഀ Site coverage (max.)਍ഀ 433 Gore Creek Drive਍ഀ Lots 7-15, Block 4, Vail Village Filing 1਍ഀ High Density Multiple Family District਍ഀ Vail Village Master Plan਍ഀ Multiple Family Residential਍ഀ 19,933 sq. ft. (0.4676 acres)਍ഀ Allowed/Required਍ഀ 20 ft.਍ഀ 20 ft.਍ഀ 20 ft.਍ഀ 20 ft.਍ഀ 10 ft./15ft.਍ഀ 250 sq. ft.਍ഀ 10,963 sq. ft. (55%)਍ഀ Existing਍ഀ 7 ft.਍ഀ 4 ft.਍ഀ 9 ft.਍ഀ 5 ft.਍ഀ 2 ft.਍ഀ N/A਍ഀ 9,266 sq.ft. (46%)਍ഀ Proposed਍ഀ no change਍ഀ no change਍ഀ additional bulk/mass਍ഀ no change਍ഀ 0 ft.਍ഀ no changes਍ഀ no change਍ഀ SURROUNDING LAND USES AND ZONING਍ഀ Existing Use਍ഀ North:਍ഀ Gore Creek stream tract਍ഀ South:਍ഀ Residential਍ഀ East:਍ഀ Residential਍ഀ West:਍ഀ Residential਍ഀ Zoninq District਍ഀ Outdoor Recreation਍ഀ High Density Multiple-Family District਍ഀ High Density Multiple-Family District਍ഀ High Density Multiple-Family District਍ഀ 4਍ഀ VIII. 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.਍ഀ Staff believes the applicants is proposing to upgrade an existing non-conforming਍ഀ dwelling by constructing a dormer in a manner that is in keeping with the general਍ഀ character and architectural style of the neighborhood and other units within the Vail਍ഀ Trails East building. The Planning and Environmental Commission has previously਍ഀ granted similar setback variances for dormer additions at the nearby Texas Townhomes.਍ഀ However, Staff believes the proposed deck expansion will create unnecessary additional਍ഀ bulk and mass in the east side setback area. On November 10, 2008, the Planning and਍ഀ Environmental Commission denied the applicants' previous setback variance application਍ഀ to construct an enclosed stair case and deck additions within the setback of the subject਍ഀ property. In denying these previous requests, the Commission found that the proposed਍ഀ encroachments into the side setback would be a grant of special privilege, enforcement਍ഀ of the setback regulation would not result in practical difficulty or unnecessary physical਍ഀ hardship, and enforcement of the setback regulation would not deprive the applicants of਍ഀ privileges enjoyed by the owners.਍ഀ 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.਍ഀ Staff believes the proposed dormer addition is in a manner that is in keeping with the਍ഀ general character and architectural style of the neighborhood, and consistent with the਍ഀ development rights of the other units within the Vail Trails East building.਍ഀ The applicants' existing deck is already non-conforming in regard to the setback਍ഀ requirements. Staff believes proposed deck expansion exceeds the degree of relief from਍ഀ the setback regulations necessary to achieve compatibility and uniformity of treatment.਍ഀ Additionally, since the proposed addition extends beyond the footprint of the existing਍ഀ building and does not further any public policies, so Staff believes this proposal will਍ഀ constitute a grant of special privilege.਍ഀ On November 10, 2008, the Planning and Environmental Commission denied the਍ഀ applicants' previous setback variance application to construct an enclosed stair case and਍ഀ deck additions within the setback of the subject property. In denying these previous਍ഀ requests, the Commission found that the proposed encroachments into the side setback਍ഀ would be a grant of special privilege, enforcement of the setback regulation would not਍ഀ result in practical difficulty or unnecessary physical hardship, and enforcement of the਍ഀ setback regulation would not deprive the applicants of privileges enjoyed by the owners.਍ഀ 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.਍ഀ Staff does not believe the proposed dormer will have a significant impact on the public਍ഀ health, safety or welfare, public facilities, or utilities in comparison to existing conditions਍ഀ of the site. However, Staff believes the proposed deck expansion will further reduce the਍ഀ light and air between the already non-conforming Vail Trails East building and the਍ഀ property boundary.਍ഀ On November 10, 2008, the Planning and Environmental Commission denied the਍ഀ applicants' previous setback variance application to construct an enclosed stair case and਍ഀ deck additions within the setback of the subject property. In denying these previous਍ഀ requests, the Commission found that the proposed encroachments into the side setback਍ഀ would be a grant of special privilege, enforcement of the setback regulation would not਍ഀ result in practical difficulty or unnecessary physical hardship, and enforcement of the਍ഀ setback regulation would not deprive the applicants of privileges enjoyed by the owners.਍ഀ 4. Such other factors and criteria as the commission deems applicable to the਍ഀ proposed variance.਍ഀ On November 10, 2008, the Planning and Environmental Commission denied the਍ഀ applicants' previous setback variance application to construct an enclosed stair case and਍ഀ deck additions within the setback of the subject property. In denying these previous਍ഀ requests, the Commission found that the proposed encroachments into the side setback਍ഀ would be a grant of special privilege, enforcement of the setback regulation would not਍ഀ result in practical difficulty or unnecessary physical hardship, and enforcement of the਍ഀ setback regulation would not deprive the applicants of privileges enjoyed by the owners.਍ഀ IV. STAFF RECOMMENDATION਍ഀ The Community Development Department recommends approval, with conditions, of਍ഀ a final review of a variance from Section 12-61-1-6, Setbacks, Vail Town Code, pursuant਍ഀ to Chapter 12-17, Variances, Vail Town Code, to allow for an addition within the side਍ഀ setback, located at 433 Gore Creek Drive, Units 15 and 16 (Vail Trails East)/Lot 15,਍ഀ Block 4, Vail Village Filing 1, and setting forth details in regard thereto. This਍ഀ recommendation is based upon the review of the criteria outlined in Section VIII of this਍ഀ memorandum and the evidence and testimony presented.਍ഀ Should the Planning and Environmental Commission choose to approve this variance਍ഀ request with condition(s), the Community Development Department recommends the਍ഀ Commission pass the following motion:਍ഀ "The Planning and Environmental Commission approves, with conditions, the਍ഀ applicants' request for a variance from Section 12-614-6, Setbacks, Vail Town਍ഀ Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an਍ഀ addition within the side setback, located at 433 Gore Creek Drive, Units 15 and਍ഀ 16 (Vail Trails East)/Lot 15, Block 4, Vail Village Filing 1, and setting forth details਍ഀ in regard thereto."਍ഀ Should the Planning and Environmental Commission choose to approve this variance਍ഀ request with condition(s), the Community Development Department recommends the਍ഀ Commission pass the following conditions:਍ഀ 6਍ഀ "1. This variance approval only applies to the proposed dormer addition, and਍ഀ does not apply to the proposed deck expansion.਍ഀ 2. This approval is contingent upon the applicants obtain Town of Vail design਍ഀ review approval for this proposal."਍ഀ Should the Planning and Environmental Commission choose to approve this variance਍ഀ request with condition(s), the Community Development Department recommends the਍ഀ Commission makes the following findings:਍ഀ "Based upon a review of Section Vlll of the Staff's April 27, 2008, 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 Residential਍ഀ Cluster District.਍ഀ 2. The granting of this variance will not be detrimental to the public health, safety,਍ഀ or welfare, or materially injurious to properties or improvements in the vicinity.਍ഀ 3. This variance is warranted for the following reasons:਍ഀ a. 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.਍ഀ c. The strict or literal interpretation and enforcement of the specified਍ഀ regulation would deprive the applicants of privileges enjoyed by the owners of਍ഀ other properties in the same zone district."਍ഀ X. ATTACHMENTS਍ഀ A. Vicinity Map਍ഀ B. Applicants' Request਍ഀ 7਍ഀ `d luawgoelly਍ഀ Attachment B਍ഀ `5teven games KiJen A.I.A. Architect P.C.਍ഀ P.O. gox 5z38਍ഀ Vail, CO 81658-5258਍ഀ 970-5 28-0+5 8਍ഀ 970-528-0717 fax਍ഀ steve@riden 1 .com਍ഀ 1/7/09਍ഀ Town of Vail਍ഀ Planning and E_nvironmental Commission਍ഀ Vail, CO 81657਍ഀ Ke: Vail Trails E_ast, (nits 15116a਍ഀ Dear Commissioners,਍ഀ Mr. and Mrs. Mahoney are seeking a variance from the strict and literal interpretation਍ഀ of the setback regulation for the installation of a dormer to the north facing roof of਍ഀ (nit 16a of Vail Trails Fast. This dormer addition is compatible and identical to an਍ഀ existing recently constructed (2004-05) dormer on the opposite south facing roof.਍ഀ The existing dormer is identical in r- ards to the location from the setback as the਍ഀ proposed new dormer.਍ഀ This dormer is compatible with an elevation study and exterior renovation project਍ഀ begun in 2007 which included a setback variance for additional GRrA in the਍ഀ setback on the north elevation and allows each top floor unit a dormer option to਍ഀ improve their respective units.਍ഀ This proposal does not include any additional GRFA.਍ഀ Additionally a previously approved deck expansion to a usable width is proposed to਍ഀ be constructed to the east of (nits 15 and 16a. This deck expansion was approved਍ഀ for construction and permitted November 2004. The deck expansion was not਍ഀ completed during the last stages of construction because of seasonal time constraints਍ഀ and a desire not to disturb what was at that time a different owner of (nit 16a.਍ഀ Therc has not been any ordinance or rule change affecting this approval.਍ഀ Mr. and Mrs. Mahoney ptarchased (nit 1 6a assuming that hoth the proposed deck਍ഀ and an idt-ntical dormer havr_ 1?cen approved in the past and as there have befn no਍ഀ changes to the ordinances or rules, believed they could proceed with design approvals਍ഀ and construction.਍ഀ The existing Vail Trails Fast building is legal non-conforming and currently਍ഀ encroaches in the required setbacks.਍ഀ The proposed dormer and deck would have been compati6le with any structure 6uilt਍ഀ to existing standards should the set6ack 6e at the edge of existing livable space. In਍ഀ other words if the 6uilding itself were outside or even adjacent to a required set6ack਍ഀ the dormer and deck would comply with today's requirements.਍ഀ As this is an existing non-conforming structure, those requirements create a hardship਍ഀ for the applicant and is not a granting of special privilege as that privilege has been਍ഀ granted to others within the complex and as well as the adjacent properties such as਍ഀ the Texas Townhomes, Vail Kowhouses, and Vail Trails.਍ഀ This proposal also is compatible with the o6jective of the `/ail Village Master flan਍ഀ encouraging the upgrading and redevelopment of residential and commercial facilities.਍ഀ This proposal does not have an effect upon the light, air, distri6ution of population,਍ഀ transportation, traffic facilities, pu6lic facilities, utilities, and pu6lic safety.਍ഀ Than You for your consideration in this matter 6efore you.਍ഀ _s਍ഀ Steven games Killen A.I.A. Architect P.C.਍ഀ 33 @ i਍ഀ G G'.~s,p C ~.a,਍ഀ V਍ഀ •;1'I਍ഀ "tl਍ഀ r਍ഀ ~Z਍ഀ i਍ഀ y'y w~'4਍ഀ y P਍ഀ R਍ഀ gI਍ഀ I਍ഀ L਍ഀ ® pS਍ഀ Q਍ഀ O ~਍ഀ y਍ഀ A e -1 A'~m N fl r- la (n਍ഀ ° s,,o~. 6~gggfl਍ഀ '~naa਍ഀ ~ Bn s਍ഀ <਍ഀ u9 °਍ഀ 9 g m਍ഀ is਍ഀ 3਍ഀ ~X ° Q1 m਍ഀ Q o D਍ഀ R D਍ഀ n r਍ഀ D ~਍ഀ N਍ഀ (n਍ഀ S 0 O A 3< L o਍ഀ tNNN.I (gip m N (ZN~ (TN~ W U ~qS7 y `n਍ഀ 00 8 D p O O ~~'T,R w N P 6'਍ഀ ''S~Rx N਍ഀ NoA~a p਍ഀ uA-ten S਍ഀ v8਍ഀ i i਍ഀ MAHONEY REMODEL਍ഀ " I S"fEVEN Jck1ES RIDEN਍ഀ d਍ഀ 2਍ഀ '਍ഀ s.~~t I;਍ഀ UNITS 15 AND 16 A, VAIL TRAILS EAS਍ഀ T਍ഀ ਍ഀ D D਍ഀ t:਍ഀ A਍ഀ 433 GORE- CREEK DRIVE. VAIL, COLORADO਍ഀ ~x਍ഀ _o਍ഀ C)਍ഀ d਍ഀ c਍ഀ rr਍ഀ N਍ഀ C਍ഀ m਍ഀ r਍ഀ b਍ഀ r਍ഀ ~Z਍ഀ 4~ .4.਍ഀ ' I਍ഀ YP਍ഀ ~LL[਍ഀ ~X਍ഀ ~R਍ഀ mR਍ഀ 6਍ഀ m'------------Z7 i. Tl-----਍ഀ r਍ഀ - -------4~~਍ഀ H a਍ഀ O ~ F r n 5 -਍ഀ ~ g rLY ~ F it਍ഀ u~ ~F nA ° ~ ~Fi L਍ഀ rr V ~਍ഀ r s਍ഀ ~Z 0 0 F਍ഀ y 'IN-?LQ•R' NEAT TIPJYIf IN WART G04RD JNDERLIYI't0li pYhNR5~0਍ഀ LxZ਍ഀ 2਍ഀ € R਍ഀ bQ ~ ~਍ഀ E਍ഀ z਍ഀ I਍ഀ ਍ഀ 4਍ഀ K਍ഀ I਍ഀ ,S ~L 4Q uy਍ഀ Vy C਍ഀ •਍ഀ i਍ഀ 1~y਍ഀ a਍ഀ s i+'•'~"'a`"`•~'a~" .=gig਍ഀ ;,Fl,lsE3 e~M਍ഀ F<SC਍ഀ MAHONEY REMODEL਍ഀ sTEVENo~n~aES R1DEN਍ഀ . . ox਍ഀ x਍ഀ u਍ഀ s~€j+3 71 51 1. 3F ~਍ഀ UNITS 15 AND 16 A. VAIL TRAILS EAST਍ഀ S਍ഀ 9਍ഀ 433 GORE CREEK DRIVE, VAIL, COLORADO਍ഀ 4਍ഀ _O਍ഀ a .y਍ഀ ,o਍ഀ .m਍ഀ m਍ഀ m਍ഀ r਍ഀ m਍ഀ c਍ഀ z਍ഀ n b਍ഀ .O਍ഀ J'਍ഀ O਍ഀ ocn਍ഀ d਍ഀ z਍ഀ O਍ഀ m਍ഀ r਍ഀ m਍ഀ 0਍ഀ z਍ഀ CO਍ഀ .-j਍ഀ o਍ഀ §Ln਍ഀ d਍ഀ O਍ഀ x਍ഀ m਍ഀ r਍ഀ m਍ഀ 0਍ഀ z਍ഀ 7C਍ഀ ~z਍ഀ _o਍ഀ x਍ഀ x਍ഀ m਍ഀ z਍ഀ 0਍ഀ z਍ഀ a਍ഀ a਍ഀ •-.`•a>a+o'a 3਍ഀ :s;if1E L਍ഀ MAHONEY REMODEL਍ഀ STL-V਍ഀ >oEN .I. A Mf ES ,:RIDEN਍ഀ aox ,s਍ഀ N਍ഀ x਍ഀ y਍ഀ c਍ഀ I {4:!I? 'a਍ഀ ES਍ഀ '3`?਍ഀ UNITS 15 AND 16 .4 VAIL TRAILS EAST਍ഀ $਍ഀ '਍ഀ ;d਍ഀ 433 GORE CREEK DRIVE, VAIL, COLORADO਍ഀ R 9 a਍ഀ sz਍ഀ ~k਍ഀ a਍ഀ oz਍ഀ 1਍ഀ ±਍ഀ R਍ഀ .਍ഀ -•ss c ~e•ii t•~~਍ഀ S5;,EgaE~g ?'ig~11i 5਍ഀ MAHONEY REMODEL਍ഀ S'CEVEN IA MES RIDEN਍ഀ .J~r J.E X 9JX 121਍ഀ UNITS 15 AND 16 A, VAIL TRAILS EAST਍ഀ 433 GORE CREEK DRIVE, VAIL COLORADO਍ഀ NE-ER. OF A ICAN iNSTiTUTn OF ARCHITECTS਍ഀ ~k਍ഀ >N਍ഀ a~਍ഀ m਍ഀ a਍ഀ m਍ഀ r਍ഀ m਍ഀ a਍ഀ 0਍ഀ z਍ഀ 'k਍ഀ m Fr਍ഀ 4਍ഀ z਍ഀ 0਍ഀ oa਍ഀ az਍ഀ 0਍ഀ C਍ഀ a਍ഀ x਍ഀ 9਍ഀ '਍ഀ Q ®਍ഀ u਍ഀ Sjf=iCi a3;~Z3, ,r'>,4਍ഀ 12a E 11~਍ഀ a਍ഀ '਍ഀ MAHONEY REMODEL਍ഀ STEVENOFFAES6S RIDEN਍ഀ IST਍ഀ O਍ഀ ~a਍ഀ Ia;ill HIM l.R~ yo€਍ഀ ij[t •;I ae. 6਍ഀ s'਍ഀ ,਍ഀ ~਍ഀ ~Ea਍ഀ UNITS 15 AND 16A, VAIL TRAILS EAST਍ഀ .਍ഀ 1„oi,:,.-1਍ഀ N਍ഀ a਍ഀ s਍ഀ 1 ~਍ഀ ~਍ഀ ! as਍ഀ E਍ഀ I =si g;4਍ഀ 433 GORE CREEK DRIVE. VAIL, COLORADO਍ഀ 1F11F1 OF .w FRIC11 INST17UTR OF A-1r3cr_਍ഀ L਍ഀ 10਍ഀ 0333^0਍ഀ - J਍ഀ }਍ഀ 2T 4਍ഀ f਍ഀ '਍ഀ {I਍ഀ C਍ഀ r਍ഀ et਍ഀ I਍ഀ s਍ഀ -਍ഀ 5਍ഀ Yen,~a C'.._਍ഀ 'l਍ഀ t਍ഀ fl. r A ;਍ഀ OAR਍ഀ /਍ഀ i WI਍ഀ c਍ഀ I 1਍ഀ 1਍ഀ , ~਍ഀ ;਍ഀ 4਍ഀ 61਍ഀ TOWN *VAIL਍ഀ 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 April 27, 2009, at 1:00 pm in the Town of Vail Municipal Building, in਍ഀ consideration of:਍ഀ A request for a final review of an amendment to an existing conditional use permit,਍ഀ pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, and a਍ഀ recommendation to the Vail Town Council for a major amendment to Special਍ഀ Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment਍ഀ Procedures, to allow for changes to the number of dwelling units and fractional fee club਍ഀ units within the Vail Plaza Hotel and Club, located at 16 Vail Road/ a portion of Lots M,਍ഀ N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto਍ഀ (PEC090011 and PEC090012).਍ഀ Applicant: Vail Plaza Development, LLC਍ഀ Planner: Bill Gibson਍ഀ A request for a final review of a variance from 12-61-1-6, Setbacks, Vail Town Code,਍ഀ pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an addition within਍ഀ the side setback, located at 433 Gore Creek Drive, Units 15 and 16 (Vail Trails East)/Lot਍ഀ 15, Block 4, Vail Village Filing 1, and setting forth details in regard thereto (PEC090013).਍ഀ Applicant: Mark and Noele Mahoney, represented by Steven Riden Architects਍ഀ Planner: Bill Gibson਍ഀ A request for a final recommendation to the Vail Town Council for the adoption of the਍ഀ Frontage Road Lighting Master Plan, an element of the Vail Transportation Master Plan,਍ഀ and setting forth details in regard thereto. (PEC090014)਍ഀ Applicant: Town of Vail, represented by Tom Kassmel਍ഀ 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 April 10, 2009, in the Vail Daily.਍ഀ