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HomeMy WebLinkAbout1978-06-06 Town Council MinutesAGENDA S VAIL TOWN MUNCIL REGULAR MEETING 6 JUNE 1978 7:30 P.M. • ORDINANCES AND RESOLUTIONS 1. Ordinance No. 12, Series of 1978, second reading, amending Title 18 of the Vail Municipal Code with regard to hazard areas. 2. Ordinance No. 13, Series of 1978, second reading, amending Title 18 of the Vail Municipal Code with regard to zoning in CCI. 3. Ordinance No. 16, Series of 1978, second reading, amending Title 18 of the Vail Municipal Code with regard to hearing procedures and the Planning Commission. 4. Ordinance No. 17, Series of 1978, second reading, amending Title 6 of the Vail Municipal Code with regard to dog control. 5. Ordinance No. 18, Series of 1978, first reading, amending Title 5 of the Vail Municipal Code with regard to regis- tration of contractors. 6. ordinance No. 19, Series of 1978, first reading, amending Title 9 of the Vail Municipal Code with regard to camping within the Town of Vail. PRESENTATIONS 7. Ski Club Vail - request for funds. 8. Steve Jones - request for franchise to operate horse-drawn transportation system. 9. Casolar del Norte - request for resubdivision and variance from minimum lot size to allow cluster development for Lots AS and A9, Lions Ridge Filing No. 1. 10. Vail Associates, Inc:- - request for conditional use permit to allow building on existing VA shop site. 11. Reinecke - request for setback variance to allow addition for garage on Lot 11, Resubdivision of Lot 7, Bighorn Estates. 12. Shapiro - request for building bulk variance to allow two buildings in excess of permitted wall length for Lot 26, Block 2, Vail Village 13th Filing. 13. Voliter - request for conditional use permit to allow nur- sery and landscape operation in Heavy Service Zone District. 14. Holiday Inn - request for sign variance. 15. Rowe - request for GRFA and distance between buildings variances to allow addition to building on Tract A, Bighorn Terrace Subdivision. 16. Cyrano's - request for parking variance to allow addition to patio. 40 TOWN MANAGER REPORTS TOWN ATTORNEY REPORTS CITIZEN PARTICIPATION • VATL TOWN COUNCIL Regular Meeting June.6, 1978 Minutes. On Tuesday, June 6, 1978, the Vail Town Council convened for its regular meeting in.the. Council Chambers of the Vail Municipal Buildi.ng— Members present were; Mayor Pro-Tem John Donovan Paula Palmateer Bill Heimbach Dr. Tom Steinberg Bill Wilto PRESENTATION:. Mayor pro-Tem Donovan opened the meeting and noted that due to the applicant's time constraints, Item No. 11 would be heard first. Reinecke -- request for setback variance to allow addition for garage on Lot 11, Resdbdivisibn of Lot 7, Bighorn Estates. Jim Reinecke, the applicant, gave a description of what he proposed to do i.f the variance were to be granted. Diana Toughill, zoning administrator, addressed the questions from Council and noted that the Planning Commission had voted unanimously to approve the request. As there was no discussion, Tom Steinberg made a motion to grant the variance; second by Heimbach. A unani.mous vote was recorded in favor of the motion. ORDINANCES AND RESOLUTIONS: Ordinance No. 12, Series of 1978, Second Reading, amending Title 18 of the Vail Municipal Code with regard to hazard areas. Jay Peterson commented on the "primary - secondary section" and down zoning as it related to slope. He felt that using the 40% slope factor was a poor way to down zone property.. Diana Toughill noted that there had been no changes in the Ordinance since first reading. As there was no further discussion, Paula Palmateer made a motion to approve the ordinance; second by Steinberg. A unanimous vote was recorded in favor of the motion. Ordinance No. 13, Series of 1978, Second Reading, amending Title 18 of the Vail Municipal Code with regard to zoning in CCI. Mayor Pro-Tem Donovan noted that Dr. Steinberg and he had not been present at the first reading of this ordinance but that they were familiar with it. Diana Toughill noted that some changes had been made since first reading, i.e. the conditionaliuse sections. She went on to outline them. Bill Heimbach questioned why there was not a specific amount denoted for parking space variances. Toughill pointed out that some parking areas in Town cost more than others due to type of construction, and the way the ordinance is now written gives the Council the freedom to charge what the space is actually worth. As there was no further discussion, Bill Heimbach made a motion to approve the ordinance as well as to have the entire ordinance republished in full; second by Wilto. A unanimous vote was recorded in favor of the motion. Ordinance No. 16, Series of 1978, Second Reading, amending Tittle 18 of the Vail Municipal Code with regard to hearing procedures and the Planning Commission. Allen Gerstenberger, Director of Community Development, introduced the ordinance and noted that the ordinance modified the decision -making process so that the Planning Commission will make the initial decisions on environmental impact reports, variances, conditional use permits and appeal: of administrative decisions. The Council would continue to make decisions on rezonings and passing ordinances and resolutions. The Council would then act as an appeal board for decisions made by the Planning Commission. After questions and comments from Council, a motion to approve was made by Tom Steinberg; second by Palmateer. A unanimous vote was recorded in favor of the motion. 0 Vail Town Council Regular Meeting June 6, 1978 Page Two Ordinance No. 17, Series of 1978, Second Reading, amending Title 6 of the Vail Municipal Code with regard to dog control. Terry Minger, Town Manager, noted that this amended the existing ordinance and enabled the Town to deal with the problems that had been encountered. A lengthy, general discussion followed. Bill Heimbach made a motion to approve the ordinance; second by Steinberg. A unanimous vote has recorded in favor of the motion. Ordinance No. 18, Series of 1978, First Reading, amending Title 5 of the Vail Municipal Code with regard to registration of contractors. Diana Toughill gave the introduction and noted that this ordinance added a category to enable small business owners and home owners to do their own minor remodeling without having to buy a contractor's license or having to hire a general contractor. After a brief discussion, a motion to approve the ordinance as amended by the zoning administrator (Page 3, Paragraph B, "Exceptions") was made by Bill Heimbach; second by Wilto. A unanimous vote was recorded. Ordinance No. 19, Series of 1978, First Reading, amending Title 9 of the Vail Municipal Code with regard to camping within the Town of Vail. John Donovan gave a brief explanation of the purpose of this ordinance after which Allen Gerstenberger highlighted on the various points. After a brief discussion, a motion for approval with a proviso that a section be added that dealt with night watchmen on large construction projects was made by Bill Wilto; second by Steinberg. A unanimous vote was recorded in favor of the motion. PRESENTATIONS: Ski Club Vail -- request for funds. It was noted that the applicant was not present but that they had requested $4,700 for bikepaths and landscaping for the area adjacent to the Ski Club Vail Building. It was noted that at a previous meeting the Council had decided to donate $1,500. A general discussion followed. Decision was delayed at this time pending the applicant's attendance. Steve Jones -- request for a franchise to operate a horse-drawn transportation system. John Donovan noted that Council had previously discussed this issue with the applicant at the work session and that the Council was not in the position tonight to entertain a decision as any approval or denial must be done by ordinance. The purpose tonight was for a general discussion. Comments were heard from Council and from Police Chief, Gary Wall. Casolar del Norte -- request for resubdivision and variance from minimum lot size to allow cluster development for Lots A-8 and A-9, Lions Ridge Filing No. 1. Dean Knox, the applicant, gave a detailed presentation. Diana Toughill noted that the staff requested there be a second curbing tie from the individual lot corners to the main corner of Lots A-8 and A-9 to ensure that there be no survey errors. She also noted that staff would like to add one amendment to the protective covenants and have it filed as a part of the resubdivision. This dealt with Article 9, Section 2 and she requested that nothing could be changed without approval from the Town of Vail. It was noted that the Planning Commission has unanimously recommended approval. As there was no further discussion, Bill Wilto made a motion to approve the request as amended by the zoning administrator; second by Heimbach. A unanimous vote was recorded in favor of the motion. Vail Associates, Inc., -- request for a conditional use permit to allow an additional building on the VA shop site. Phil Ordway, Vail Associates' representative, gave the presentation. Diana Toughill noted that the Planning Commission gave unanimous approval of the request. As there was no further discussion, Tom Steinberg made a motion to approve the request; second by Heimbach. A unanimous vote was recorded in favor of the motion. n U Vail Town Council Regular Meeting June 6, 1978 Page Three Shapiro -- request for building bulk variance to allow two buildings in excess of permitted wall length for Lot 26, Block 2, Vail Village 13th Filing. Ken Shapiro, applicant, gave the presentation. Questions and comments were heard from the Council. Diana Toughill noted that the Planning Commission had voted 4-1 in favor of the request and that staff was also in favor of the proposal as it was a better site plan that what had originally been proposed. General discussion followed. Bill Heimbach made a motion for approval of the request; second by Steinberg. A unanimous vote was recorded in favor of the motion. Bob Voliter -- request for conditional use permit to allow a nursery and landscaping operation in a Heavy Service Zone District. John Donovan gave the introduction and made some comments. Comments were then heard from Council. Diana Toughill presented the Planning Commission's and staff's findings. A lengthy discussion followed. Paula Palmateer made a motion to allow themursery and landscaping operation as a compatible use for a Heavy Service District; second by Wilto. A unanimous vote was recorded. Palmateer then made a motion to approve the request for a conditional use permit; second by Wilto. A unanimous vote was recorded in favor of the motion. Holiday Inn -- request for sign variance. Jim Rubin presented the proposed Holiday Inn sign program. He noted that the program would require two variances from the sign ordinance. He then outlined the variance requests. After a general discussion, Bill Wilto made a motion for approval; second by Steinberg. A unanimous vote was recorded in favor of the motion. Rowe -- request for GRFA and distance between bulidings variances to allow an addition to a building on Tract A, Bighorn Terrace Subdivision. Diana Toughill made the presentation. Questions and comments were heard from Council. Planning Commission's findings were discussed. A lengthy discussion followed. Tom Steinberg made a motion to approve the variance requests; second by Palmateer. A 2-3 vote was recorded (Steinberg, Palmateer for approval); (Wilto, Heimbach and Donovan were opposed). The motion failed and the request was denied. Cyrano's -- request for parking variance to allow an addition to the patio. Mayor Pro-Tem Donovan introduced the discussion regarding the request for a parking variance by Cyrano's and turned the discussio nover to Zoning Administrator Diana Toughill who explained that in order to expand the patio facilities of the establishment, Cyrano's would need a variance for two cars. She added that the Planning Commission had recommended approval by a 4 to 1 vote and that the Staff recommended that the solution be similar to that agreed upon for the Hong Kong Cafe. That solution being .that the applicant would pay $1,000 per parking space allowed by variance, with the understanding that at such time a "parking authority" or "special district" might be formed, if the cost per space exceeded the $1,000 figure currently agreed upon, the applicant would pay the additional fees. Ross Davis, Jr., Attorney at Law, representing Cyrano's, further explained the request and covered the details of the proposed patio expansion. Councilmember Steinberg pointed out that the actual costs per parking space could be more than currently being discussed in the future. Mr. Davis acknowledged that his client understood and agreed. Bill Heimbach moved to approve granting of the variance on the condition that the fees (total of $2,000 for two spaces) be paid at the time the building permit was issued. Bill Wilto seconded the motion. Those voting in favor were: Palmateer; Heimbach; Wilto; and John Donovan. Tom Steinberg voted no. The motion passed 4 to 1. Ross Davis pointed out that since plans for the expansion of the patio were, at this time, still somewhat tenative, he requested permission to receive a smaller variance if the expansion turns out to be smaller than currently expected. Bill Heimbach moved to approve a smaller variance in the event that fewer spaces were required by variance Bill Wilto seconded the motion. A 4 to 1 vote was taken in favor of the motion. (Steinberg opposed). Vail Town Council Regular Meeting June 6, 1978 Page Four 49 TOWN MANAGER REPORT: None TOWN ATTORNEY REPORT: None CITIZEN PARTICIPATION: Fred Hillar, property owner and developer in Bighorn, voiced his dissatisfaction with the zoning imposed on his property. He felt that he had been misinformed by the Town Staff about zoning. He bought the land believing that he could build 18 units only to discover after the purchase of the land that he could not build any -- that the property was already non -conforming. He asked that the Council grant him the right to develop his property. John Donovan pointed out that there was nothing the Council could do ht this meeting and that before they could take any action, Council would need to have legal advice. A lengthy discussion followed wherein Council was very sympathetic but restated that at this time "their hands were tied". Bill Wilto questioned the gravel pile out in Booth Creek. Allen Gerstenberger stated that the pile was to be removed this summer. As there was no further business, the meeting was adjourned. ATTEST: Town Clerk 0 0 Mayor C //`