HomeMy WebLinkAbout1989-08-01 Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
AUGUST 1, 1989
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, August 1, 1989, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
Michael Cacioppo
Mery Lapin
Gail Wahrlich-Lowenthal
Tom Steinberg
MEMBERS ABSENT: None
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
_ The first order of business was a ten year employment anniversary award to Glenn
•Moore, a Fire Technician at the Fire Department. Ron Phillips gave background
information on Glenn, and presented him with a Town of Vail belt buckle. Dick
Duran, Fire Chief, said a few words regarding the hard work Glenn has done over the
years and how much he appreciated him.
The next item was a consent agenda for the following items:
A. Approval of the minutes of the July 11 and 18, 1989 meetings.
B. Ordinance No. 15, Series of 1989, second reading, an ordinance allowing
employee units in Lionsridge Filing #4.
C. Ordinance No. 18, Series of 1989, second reading, concerning cable
television communications.
0. Ordinance No. 19, Series of 1989, second reading, granting a five year
cable television franchise to Heritage Cablevision.
E. Ordinance No. 20, Series of 1989, second reading,, concerning, the.is.suance
of local improvement bonds for the Booth Creek Local Improvement -District, and
reflecting the interest rates presented and accepted, purchase price of the bonds,
• and purchaser name inserted in the ordinance.
Mayor Rose read the full titles of all the ordinances. Larry Eskwith noted one
change on page 6 of the franchise agreement. Eric Affeldt commented on one
paragraph of the July 18 minutes. Mery Lapin made a motion to approve all items in
the consent agenda, which was seconded by John Slevin. A vote was taken and the
motion passed unanimously 7-0.
The third subject was an appeal of a Planning and Environmental Commission decision
to approve a setback variance on Lot 6, Vail Village 10th Filing (950 Fairway
Drive). Betsy Rosolack gave background information regarding the variance request,
noting the PEC vote was 5-1-1, with Diana Donovan opposing, and Jim Viele
abstaining. She then explained why staff recommended approval and upholding the
PEC decision. Eugene McGuire, who filed the appeal, explained he would prefer to
hold this item over for two weeks until he could talk to Mr. Katz and the
neighbors. Tom Briner remarked he would not be available on August 15, and also,
they wanted construction to proceed; Mr. Katz was planning to go to the Design
Review Board tomorrow. Mr. McGuire reviewed the series of events leading up to
this point. He stated he was asking that the variance be denied (overturn the PEC
decision), or have Council send the item back to the PEC for review again, and gave
reasons why he felt the variance was unnecessary. Vern Anderson, an adjacent
•property owner, reasoned the front of the new house should be in line with the
front of the other houses; it was not consistent with the architecture appearance
of other properties on the block. There was some discussion regarding variances
for neighbors in relation to the Katz residence, and studies done in 1975 versus
later specific information. Mary Lou Walters, an adjacent property owner, felt Mr.
Katz should try to make the neighborhood consistent and not build in front of his
neighbor. Helga Mesenbau, a potential buyer of Mary Lou Walters' residence, gave a
bit of background information regarding a 1977 study. Dr. Mesenbau stated he had
. looked at the proposed drawings, noted the items of importance to him, and that he
would be in agreement with the other neighbors. There was some discussion by Mr.
Katz as to changes already made to appease the neighbors' concerns, and why he felt
the PEC decision should be upheld. All parties agreed to postpone this item for a
few minutes to see if the property owners could work out the problems by themselves
and find common ground.
The fourth order of business was an appeal of the Planning and Environmental
Commission decision to approve an exterior alteration, height variance, and density
variance for the Enzian Lodge, at 705 West Lionshead Circle, Lot 1, Block 2, Vail
Lionshead 3rd Filing. Kristan Pritz gave background information regarding the two
variance requests made by the Enzian. She reviewed the criteria used in looking at
the variances, and explained why staff recommended approval of both variances, with
two conditions:
1. An employee housing unit shall be provided within the building. The
employee housing unit shall have a minimum square footage of 400 square feet. The
owner shall be responsible for submitting an employee housing agreement to the
Community Development Department before a building permit will be released for the
portion of the remodel. The employee dwelling unit shall be restricted per Section
18.13.080 B. 10 a-d. This written agreement shall be submitted to the Community
Development Department and Town Attorney and approved by the staff before a
building permit is issued for the project.
2. The three new accommodation units will have gas fireplaces per Town of
Vail ordinances governing fireplaces.
Kristan noted the Planning Commission had removed the employee housing requirement.
Jay Peterson, representing Alma Equities Corporation, the applicant, explained why
the employee unit was not acceptable, and briefly discussed parking. There was
some discussion regarding Commercial Core II zoning, and Council's need to look at
changing the zoning. Council directed staff to bring the zoning problem back to
Council in the near future for changes. There was then some discussion regarding
parking needed for the restaurant and hotel, and landscaping. Mike Cacioppo
questioned the lowering of square footage of the meeting rooms, and was disturbed
by the plans to take away some of the parking. Kristan reviewed the employee
housing condition, and stated the PEC did not agree it was a fair request; that was
why they pulled the condition. Mery Lapin made a motion to uphold the PEC decision
based on staff recommendation, with the following conditions: the uses will be
residential only; employee housing would be provided in the building,; a charge of
$5,000 per parking space would be applied for each space taken away; plus the two
conditions recommended by staff (shown above). After some discussion, Mery
•included the size of the employee unit would be no less than the size of one hotel
room. Eric Affeldt seconded the motion. A vote was taken and the motion passed
unanimously 7-0. Tom Steinberg requested staff to review the zoning and bring the
issue back to Council.
The fifth agenda item was an appeal of the Design Review Board decision granting
final approval of the Rose residence (2880 Booth Creek Drive). Mayor Rose stated
the reason this item was brought before Council was because of the 2-0-2 vote by
the DRB; this was just for review. Mike Mollica reviewed the plans of the
residence and noted the removal of two trees, while saving three. Duane Piper,
project architect, then reviewed the landscape plans. A motion to approve the Rose
residence as presented was made by Mery Lapin and seconded by Mike Cacioppo. A
vote was taken and the motion passed unanimously 7-0.
At this time, Council returned to item three regarding the Katz residence setback
variance. Mary Lou Walters commented they had been unable to come to a compromise.
After much discussion by Mr. Katz and his neighbors, Tom Briner reviewed the plans
for the home and what the requested changes would involve. Mr. Katz remarked the
house did not request any variances other than the four foot setback all the other
property owners in the neighborhood had. He stated he did not expect any problems,
and did not understand the complaints of the appeal. He said he needed to go to
•the Design Review Board tomorrow so he could start construction September 15.
After some discussion regarding the PEC guidelines, Mery Lapin made a motion to
uphold the PEC decision based on the findings of the PEC that 1) this was not a
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grant of special privilege; 2) this was not detrimental to the public health,
welfare, and safety; and 3) this variance was warranted because of the strict
interpretation of the guidelines. John Slevin seconded. Gail Wahrlich-Lowenthal
commented she would oppose the request due to the fact that now we have more
information than in 1975, when the original variances were granted. Mike Cacioppo
. agreed, adding he did not feel there was a hardship involved. Mayor Rose felt he
would rather err on the side of safety, and rockfall and avalanche hazard studies
are unscientific. He would rather look at moving the building forward for safety
rather than assume it would be alright; therefore, he would vote for it. A vote
was taken and the motion passed 5-2, with Gail Wahrlich-Lowenthal and Mike Cacioppo
opposing.
0
There was no Citizen Participation.
There being no further business, the meeting was adjourned at 9:40 p.m.
ATTEST:
Pamela Bran meyer, Town Clerk
Minutes taken by Brenda Chesman
Respectfully submitted,
\I `ei
Kent R. Rose, Mayor
CO.