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HomeMy WebLinkAbout1991-08-06 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING AUGUST 6, 1991 7:30 P.M. • A regular meeting of the Vail Town Council was held on Tuesday, August 6, 1991, at 7:30 P.M., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor Tom Steinberg, Mayor Pro-Tem Lynn Fritzlen Robert LeVine Peggy Osterfoss Jim Gibson Mery Lapin TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Ken Hughey, Assistant Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was Citizen Participation, of which there was none. Second on the agenda was a Consent Agenda consisting of two items: A. Approval of Minutes of July 2 and 16, 1991, meetings B. Ordinance No. 21, Series of 1991, second reading, (formerly Ordinance No. 42, Series of 1990), an ordinance repealing and reenacting Chapter 8.28 of the Municipal Code of the Town of Vail; setting forth certain provisions to control air pollution within the Town; and providing details with regard thereto Mayor Rose read the title of Ordinance No. 21, Series of 1991, in full. Mery Lapin moved to approve both items, with the second coming from Peggy Osterfoss. A vote was taken and the motion passed unanimously, 7-0. Item No. 3 was Ordinance No. 23, Series of 1991, first reading, an ordinance amending Chapter 5.32 of the Municipal Code of the Town of Vail by the addition of Section 5.32.030; providing for the issuance of temporary permits for the issuance of alcoholic beverages under certain circumstances; and providing details in regard thereto. Mayor Rose read the title in full. Larry Eskwith advised the State passed a statute effective 7/l/91 permitting municipalities to issue temporary liquor licenses in situations where there has been a transfer of a licensed premise. Mery Lapin moved to approve Ordinance No. 23, with the second coming from Tom Steinberg. A vote was taken and the motion passed unanimously, 7-0. Item No. 4 was Ordinance No. 24, Series of 1991, first reading, an ordinance providing for the establishment of Special Development District No. 26; adopting a development plan for Special Development District No. 26; in accordance with Chapter 18.40 of the Vail Municipal Code and setting forth the details in regard thereto. Mayor Rose read the title in full. Kent Rose stepped down from this discussion due to personal involvement. Abe Shapiro, applicant and property owner, had filed a request for the establishment of an SDD for a 6.8 acre unplatted parcel of land located in the northwest section of Lionsridge Filing No. 1; north of Sandstone Drive and west of Potato Patch Drive. Mike Mollica presented particulars regarding the ordinance including an explanation of four (4) variations from the underlying zone district (Agricultural and Open Space) this SDD request would require: (1) a request to expand the maximum allowable GRFA from 2,000 sq. ft. to 4,625 sq. ft. for the site, not including a 900 sq ft. attached garaged considered a "credit" not included in the GRFA calculation, (2) the proposed addition of one restricted (secondary) employee dwelling unit consisting of approximately 1,200 sq. ft. integrated into the main structure, and (3) and (4) • requests for variations from the underlying zoning with regard to the maximum height of the proposed retaining walls and the maximum slope of cut and fill areas. As detailed in CDD's memo to the PEC dated 7/8/91, the PEC voted 5-0, unanimously recommended denial of the applicant's request. After comments and visual presentations by applicant Abe Shapiro, Peggy Osterfoss pointed out that other options could still have been pursued, i.e., build by right or pursue variances. Following a • review and discussion of the purpose section of the special development district chapter of the zoning code (Section 18.40.010), and then specifically citing the key issues of this SDD proposal as those of compatibility, benefit to the community, re -vegetation difficulties/ driveway -road scarring of the mountainside and alternatives to accessing the property, as well as lack of evidence of any hardship to Mr. Shapiro, Jim Gibson moved to deny Ordinance No. 24, with a second coming from Mery Lapin. A vote was taken and the motion passed unanimously, 6-0-1, Kent Rose abstaining. Item No. 5 was Ordinance No. 25, Series of 1991, first reading, an ordinance repealing and reenacting Chapter 15.02; adopting by reference the 1991 editions of the Uniform Building Code, the Uniform Mechanical Code, the Uniform Fire Code, the Uniform Plumbing Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Codes for Uniform Building Code Standards, the Uniform Fire Code Standards, and the 1990 edition of the National Electric Code; setting forth certain amendments to the Uniform Building Code, the Uniform Mechanical Code, the Uniform Fire Code, and the National Electric Code; and repealing Chapters 15.08 Building Permits - Review Procedures, 15.28 Water Closet Specifications, and 15.32 Model Energy Efficiency Construction Standards; and amending Section 15.36.010 of the Municipal Code of the Town of Vail; and setting forth details in regard thereto. Mayor Rose read the title in full. • Larry Eskwith said that two minor changes needed to be made to the ordinance before submitted: First, to Section 15.02.020 (page 2 - to both paragraphs C and D), publisher name added: The International Association of Plumbing and Mechanical Officials, 20001 S. Walnut Dr., Walnut, California 91789. Secondly, there was a typo -graphical error in paragraph (a) under Required Installations. The Uniform Building Code referenced should be the 1991 edition, not the 1982 edition. Corrections will be made for second reading. Jim Gibson moved to approve Ordinance No. 25, with the second coming from Mery Lapin. A vote was taken and the motion passed unanimously, 7-0. Item No. 6 on the agenda was Resolution No. 15, Series of 1991, a resolution setting forth the intent of the Town of Vail, Colorado, to issue bonds to finance various projects. Mayor Rose read the title in full. Steve Barwick explained this resolution would allow the Town to include expenditures that may be made during the balance of 1991 for design of the Police Building and/or design of the possible additions to the Public Works Administration Building in the possible bond issue for the Police Building in 1992. Rob LeVine moved to approve Resolution No. 15, with the second coming from Tom Steinberg. A vote was taken and the motion passed unanimously, 7-0. Item No. 7 on the agenda was an appeal of the PEC decision regarding site • coverage for the Stanley Duplex, Sunburst Drive/Lot 1, Vail Valley Third Filing, a resubdivision of part of Sunburst. Mr. Snow was not present in Council Chambers when this agenda item was announced. Mayor Rose moved on to agenda Item No. 8. Item No. 8 on the agenda was an appeal of the DRB decision to deny a sign variance for Breeze Ski Rentals (Montaneros Commercial Condominium, Unit 100/641 N. Lionshead Circle/Part of Lot 8, Block 1 Vail Lionshead Third Filing). Applicant: Louis Sapiro. The sign variance request would increase the number of allowable wall mounted or projecting signs by one (1), and increase the area of signage on the building in excess of the signage area allowed by 2.25 sq. ft. Staff did not support the variance request as they did not feel the location of the business presented a physical hardship. After brief discussion based on the CDD's memo to the DRB dated 7/17/91, Peggy Osterfoss moved to deny this sign variance request, with a second coming from Rob LeVine. A vote was taken and the motion to deny passed, 5-2, with Mery Lapin and Jim Gibson voting against the motion. Jack Snow arrived and Mayor Rose returned to Item No. 7 on the agenda, Mr. Stanley's appeal of the PEC decision regarding site coverage for the Stanley Duplex. Jack Snow, the architect representing Mr. Stanley, referred to the CDD's memo to the PEC dated 6/10/91 which addresses the • definition of site coverage. Mr. Snow responded to that memo by a letter dated 6/20/91, in which he expressed the site coverage definition seems to be contradictory. Rob LeVine felt this a was housekeeping item, and a verbiage change in the code would be all that was needed to clarify the definition. Council agreed that the code verbiage does need changing. Mery Lapin moved to uphold the PEers decision that the area under the deck does not count as site coverage, with a second coming from Tom Steinberg. A vote was taken and the motion denying the applicant's request passed, 4-3, with Jim Gibson, Lynn Fritzlen, and Rob LeVine voting against the motion. Item No. 9 on the agenda was a Proclamation of the Mayor declaring Labor Day Weekend as Physically -Challenged Access to the Woods Weekend, in recognition of P.A.W. Mery Lapin moved to approve the proclamation, with a second coming from Peggy Osterfoss. A vote was taken and the motion passed unanimously, 7-0. Not on the agenda, but raised by Mery Lapin, was a question from Larry Eskwith regarding Council direction needed in the Schmetzko vs. Town of Vail case. Mery Lapin moved to direct the Town Attorney to enter into an agreement in the case of Schmetzko vs. Town of Vail, Civil Action No. 90F2058, assuming that it meets the approval of the Town Engineer; with a second coming from Jim Gibson. A vote was taken and the motion passed unanimously, 7-0. There being no further business; Mayor Rose moved to adjourn the meeting at 10:15 P.M. Respectfully submitted, Ken R. Rose, Mayor ATTEST: Pamela A. Brandmey6r, Town Clerk Minutes taken by Dorianne S. Deto C:\MINS. 86