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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 -2- 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.