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HomeMy WebLinkAbout1988-09-20 Town Council Minutesis MINUTES VAIL TOWN COUNCIL MEETING SEPTEMBER 20, 1988 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, September 20, 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT: Kent Rose, Mayor John Slevin, Mayor Pro Tem Eric Affeldt Michael Cacioppo Mery Lapin Gail Wahrlich-Lowenthal Tom Steinberg None Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was a consent agenda consisting of the following: A. Ordinance No. 26, Series of 1988, second reading, regarding special events exemption from the transient dealer's license B. Ordinance No. 27, Series of 1988, second reading, an ordinance annexing a portion of an area generally known as the Ulbrich property Mayor Rose read the full titles of both ordinances. There was no discussion by the public or Council. Eric Affeldt made a motion to approve the consent agenda, and Gail Wahrlich-Lowenthal seconded. A vote was taken and the motion passed unanimously 7-0. The next item on the agenda was Ordinance No. 29, Series of 1988, emergency reading, to approve the World Alpine Ski Championships planning report and special review process for temporary improvements for the event. The full title was read by Mayor Rose. Kristan Pritz stated the Vail Valley Foundation was requesting two approvals in this ordinance - 1) the planning document, and 2) the special review process. She explained the requests and the reasoning for them; also, that staff would be working with the Foundation. Kristan commented when the two items were reviewed by the Planning and Environmental Commission, it was voted unanimously to approve both requests, same as the staff recommendation. Also, the Design Review Board agreed •wholeheartedly to relax the standards and that they be passed over in the process. Mike Cacioppo stated he had a problem with the ordinance being an emergency ordinance, but had not problems with anything else. Larry responded to Mike's concern. Ron Phillips and Bob Krohn, of the Vail Valley Foundation, answered questions of Council. A vote to approve the ordinance on emergency reading was made by Gail Wahrlich-Lowenthal and seconded by John Slevin. A vote was taken and the motion passed 6-1, with Mike Cacioppo opposing. The next item was Resolution No. 37, Series of 1988, congratulating Maya Walker, Miss Colorado, for becoming First Runner Up in the Miss America Pageant. Mayor Rose presented the resolution to Maya and commented how proud everyone was of her. Mery Lapin made a motion to approve the resolution, and John Slevin seconded. A vote was taken and the motion passed unanimously 7-0. The fourth item on the agenda was the Chester appeal of the Planning and Environmental Commission decision to uphold the staff interpretation that a residence may not be demolished and rebuilt to utilize an additional 250 square feet as described in Chapter 18.71 of the Municipal Code. Peter Patten stated this was an appeal of the Planning and Environmental Commission and staff decisions to deny the request. They felt it was not the intent of the ordinance to allow the demolishment and rebuilding of a residence to utilize and additional 250 square feet, and wished direction to clarify the language in the ordinance. Jay Peterson • stated he was representing the applicant, E. B. Chester. Mr. Chester introduced himself and expressed his feelings regarding the project. Jay gave background information and his interpretation of the ordinance; he also commented on the unfairness of the ordinance. Gordon Pierce, architect of the project, noted when construction got to fifty percent of the structure, they have to work to bring the building up to code. He then commented on potential problems - the house had been added on to several times and the foundation was not to be trusted for a new house. With a completely new structure, nothing would have to be grandfathered in, they could do it right the first time. Diana Donovan, a member of the Planning and Environmental Commission, felt the applicant's interpretation of the ordinance did not have any relationship to the discussion the Planning Commission had. She gave some definitions as she remembered. She felt the additional 250 square feet was meant to accommodate the needs of older properties. She commented since Mr. Chester was rebuilding, he had removed all restrictions and why couldn't he work within the confines of the required gross residential floor area (GRFA); he was asking for a gift of 250 square feet. After much discussion by Council, Peter Patten and Jay Peterson, Peggy Osterfoss, a member of the Planning and Environmental Commission, discussed her interpretation of the ordinance which was that for buildings at least five years old a bonus of 250 square feet was given to make improvements. She suggested Council should consider the language of the ordinance or all buildings would be adding 250 square feet. Diana added a few more reasons why she felt the request should be denied. Jay Peterson commented why he felt the request should be granted. Mayor Rose remarked on some background issues the Council had problems with the request and he believed the original intent was very well written in the Community Development memorandum to the Planning Commission dated September 12, 1988. He felt Council should deny or approve the Chester request to overturn the Planning Commission decision, and then have Council consider whether or not to •change the ordinance. After much discussion by Council, Peter Patten and Jay Peterson, Council members commented on their interpretations of the ordinance. Mike Cacioppo made a motion to uphold the Planning and Environmental Commission decision and deny the request. Tom Steinberg seconded the motion. A vote was taken and the motion passed 5-2, with Gail Wahrlich-Lowenthal and John Slevin opposing. At this time, Mayor Rose opened discussion to change the ordinance to allow the additional 250 square feet. He felt it probably was unfair the way it is and in the best interest of the town to allow it; also, people should be allowed to tear down as much as needed to improve their building; and he suggested Council direct staff to proceed in that direction. He stated new buildings on vacant lots should not have the extra 250 square feet, but at five years and older, yes, they should be allowed. Eric Affeldt suggested Larry Eskwith and Jay Peterson get together to work on a solution. Peggy Osterfoss stated this was not an isolated case, and a change is needed in the ordinance; she also felt if the change occurred, the Chesters should benefit. E. B. Chester thought they had certain rights under the ordinance and could take it to a higher court. After some discussion, Council directed staff to work on changing the ordinance to allow an additional 250 square feet for a total remodel of the building, and for small additions and improvements to existing buildings. Gordon Pierce asked if staff would please notify him when the updated ordinance would be presented at a Work Session. • The fifth order of business was restriction for parking passes and coupons during the World Alpine Ski Championships. Ron Phillips, the Chairman of the Municipal Services Committee and a member of the World Championships Organizing Committee, stated the committees recommended the Town consider total restriction of coupon usage during the total 15 days, and blue passes be used only at the Lionshead structure. They were working on outlying parking in West Vail and a special shuttle bus system. After some discussion by Council, Jo Brown commented she was concerned over the stress that would be placed on the people who live and work here. Mayor Rose stated the coupons and blue passes would be allowed only in the Lionshead structure during the Championships, January 29-February 12, 1989. John Slevin made a motion to approve coupons and blue passes only be allowed in the Lionshead Parking Structure during the Championships, and Tom Steinberg seconded. A vote was taken and the motion passed unanimously 7-0. • There was no Citizen Participation. Mayor Rose noted he had signed a proclamation concerning the World Wide Church of God in appreciation of their business. He stated that Sunday, September 25, is proclaimed as World Wide Church of God Day in Vail as recognition of this appreciation. -2- Ella Knox commented she heard the Town digs up their pansies, throws them away, and plants new ones every year. She stated that pansies were perennials and would bloom every year. Mayor Rose stated that Stan Berryman would look into it and if they are thrown out, Public Works would notify Ella, so she could take some for herself. Mayor Rose noted lastly that Jo Brown was voted as Chairman of the Board of the Vail Board of Realtors last week. There being no further business, the meeting was adjourned at 9:55 p.m. ATTEST: . Pame a Bran meyer, ow rk Minutes taken by Brenda Chesman 0 • Respectfully submitted, 'J v J oyC_ Kent R. Rose, Mayor -3-