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HomeMy WebLinkAbout2013-03 Approving an Encroachment into an Existing View Corridor for the Lionshead Centre Building. �;. ,�..� , �-t a _ `-, RESOLUTION NO. 3 Series of 2013 A RESOLUTION APPROVING AN ENCROACHMENT INTO AN EXISTING VIEW CORRIDOR, PURSUANT TO SECTION 12-22-6, ENCROACHMENTS INTO EXISTING VIEW CORRIDORS, VAIL TOWN CODE, TO ALLOW FOR THE ENCROACHMENT OF AN ADDITION TO THE LIONSHEAD CENTRE BUILDING INTO VIEW POINT #8, LOCATED AT 520 EAST LIONSHEAD CIRCLE/LOT 5, BLOCK 1, VAIL LIONSHEAD FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO. (PEC120047) Whereas, on August 4, 1992, the Vail Town Council adopted Ordinance No. 18, Series of 1992, which, in part, established Chapter 18.73 (now known as 12-22), View Corridors, Vail Town Code, for the purpose of protecting views within the Town of Vail. This chapter of the Town's zoning regulations has subsequently been amended numerous times; and, Whereas, on December 15, 1998, the Vail Town Council adopted Resolution No. 14, Series of 1998, establishing the Lionshead Redevelopment Master Plan which included a recommendation to preserve certain public views, including a view from the pedestrian mall looking directly south up the gondola lift line; and, Whereas, on August 6, 2002, the Vail Town Council adopted Ordinance No. 16, Series of 2002, establishing the View Point #8 (formerly know as Lionshead view corridor #2); and, Whereas, on November 18, 2008, the Vail Town Council adopted Ordinance No. 23, Series of 2008, which, in part, amended View Point #8 to reflect the construction of the Arrabelle development project which frames the west boundaries of View Point #8; and, WHEREAS, Section 12-22-6, Encroachments Into Existing View Corridors, Zoning Regulations, Vail Town Code, sets forth the procedures for review of applications to encroach into existing view corridors; and, Whereas, according to the Eagle County Assessor, the Lionshead Centre Building was constructed in 1970; and, WHEREAS, owners of real property in the Lionshead Centre Building have submitted an application to encroach into an existing view corridor to allow for an 803 square foot residential addition to Units 208, 308 and 309 of the Lionshead Centre Building; and, WHEREAS, on January 14, 2013 the Town of Vail Planning and Environmental Commission held a public hearing on the application to allow for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into View Corridors, Vail Town Code; and, WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval (6-0-0), with conditions, for the proposed view corridor encroachment to the Vail Town Council; and, 1 Resolution No. 3, Series of 2013 _ _ , ,���.�, _ � WHEREAS, the Vail Town Council finds and determines that the applicant has demonstrated by clear and convincing evidence that the encroachment meets all of the criteria listed in Section 12-22-6 (C) of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Vail Town Council finds and determines that the encroachment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the encroachment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: SECTION 1. APPROVAL An encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of a residential addition into View Point #8, at the Lionshead Centre Building, located at 520 East Lionshead Circle/Lot 5, Block 1, Vail Lionshead Filing 1, (PEC12004) is hereby approved subject to Section 2, Conditions of Approval, herein. SECTION 2. CONDITIONS OF APPROVAL 1. Approval of this encroachment into an existing view corridor is specific to the design review application for a residential addition to Units 208, 308, and 309, Lionshead Centre Building, Town of Vail, as approved by the Design Review Board on December 5, 2012. (DR6120433) 2. Approval of this encroachment into an existing view corridor shall become null and void upon the demo/rebuild, as defined by Chapter 12-2, Definitions, Vail Town Code, of the Lionshead Centre Building. INTRODUCED, PASSED AND ADOPTED at a re ula meeting of the Town Council of the Town of Vail held this 5th day of February, 2013. _ Andrew P. Daly, 2 Resolution No. 3, Series of 2013 yor