TC Minutes 05-25-1993•
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MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD MAY 25, 1993 - 7:30 P.M.
The regular meeting of the Avon Town Council of the Town of Avon,
Colorado was held in the Municipal Building, 400 Benchmark Road,
Avon, Colorado, in the Council Chambers.
The meeting was called to order by Mayor Albert J. Reynolds at
7:32PM. A roll call was taken with Councilors John Hazard, Tom
Hines, Celeste C. Nottingham, and Jim Roof present. Councilor
Jack Fawcett arrived 7:36PM. Also present were Town Attorney John
Dunn, Town Manager Bill James, Engineer Norm Wood, Director of
Municipal Services Larry Brooks, Director of Community Development
Rick Pylman, Planner Tom Allender, Police Chief Art Dalton, Fire
Chief Charlie Moore, Town Clerk Patty Neyhart, as well as members
of the press and public.
First item under Citizen Input was the Appointment of a new
Councilmember.
Town Clerk Patty Neyhart distributed, collected, and tallied the
ballots. The tally was verified by Fire Chief Charlie Moore.
Mayor Reynolds announced a 3 to 3 tie between candidates Dick
Wells and Judy Yoder.
Town Attorney John Dunn stated it does require a majority vote.
Councilor Fawcett questioned whether the Mayor votes on Council
appointments. Mayor Reynolds stated the Mayor always has and
added he is concerned with keeping his cast ballot confidential.
Attorney Dunn suggested Council go into an Executive Session for
further discussion.
Councilor Fawcett motioned to table the election of the new
councilmember and take it up at another time. This motion is
difficult to transcribe as too many speaking at one time. The
intent of Councilor Fawcett's motion as I understand it was to
table the election of the new councilmember to discuss later in
the evening at an executive session. The motion was "so moved"
and "seconded" by Councilor Hines. The motion carried
unanimously.
Town Clerk Patty Neyhart was directed to call Judge Buck Allen and
cancel the swearing in of the candidate scheduled for later that
evening.
Next item under Citizen Input was the Congressional Youth
Leadership Council / Washington Youth Conference update from Mr.
Casy Cuny.
Mr. Cuny thanked the Council for contributing towards his one
week trip to Washington DC the end of April. Highlights of Mr.
Cuny's trip were attending President Clinton's news conference of
April 25th and touring the Whitehouse.
Next item under Citizen Input was the Vail Valley Performance and
Conference Center update by Caroline Tremblay.
Ms. Tremblay, project coordinator for the Vail Valley Performance
and Conference Center (Center), introduced Mr. Cliff Gardner,
co-chair of the steering committee who assisted her. Ms.
Tremblay stated the steering committee has been working on the
Center for the last 3 years. The group business utilizing the
Center will balance out the economy during the shoulder months
enabling continuous employment year round. Ms. Tremblay
presented floor plans and exterior designs of the proposed Center.
Current plans are for 93,700 square feet at a cost of $22,000,000.
Performance Center capacity is 950 people and the Conference
Center ballroom will seat 1,150 people for a banquet. Performance
Center is estimated to be $16,000,000 including endowment and
private funds will be sought to build this. Revenue Bonds will be
sought for the Conference Center funding of $10,000,000.
Tourism/lodging tax for Vail is proposed to finance the operations
of the Conference Center. One will not be built without the
other. Depending on the amount of private funding at the end of
August, this proposed tax may appear on the election ballot this
November. Private funding goal is $8,000,000 by the end of August
or the tax issue will be pulled from the ballot. The Town of Vail
supports this project and the taxing issue.
Next item under Citizen Input was an Appeal of P & Z Commission
decision of April 20, 1993 / Final Design Review on Lot 37, Block
3, Wildridge.
Mr. Tom Allender informed that on April 20, 1993, Mark Donaldson
representing the Weilands, requested a final design review for a
single family structure on Lot 37, Block 3, in Wildridge. The
Planning & Zoning Commission (Commission), in a unanimous
decision, approved the final design for the Weilands' residence.
The owner of the adjacent lot, Lot 38, Dr. G.M. Hollingsworth
expressed his opposition to the Commission by letter prior to the
decision and had a representative at the hearing: Dr.
Hollingsworth contends that the Weiland's home will destroy his
views and negatively affect his property values. Dr.
Hollingsworth also contends that sections 6.22 and 6.25 A3 of the
Design Guidelines, which both relate to retaining and protecting
solar and view corridors of neighboring property, would prevent
the Commission from approving the Weilands' design. This is the
basis of the appeal. As approved, the ridge line on the Weilands'
roof is 4 1/2 feet taller than the finished floor elevation of the
living room in Dr. Hollingsworth's house. The structure on Lot
37 will be 32 feet away from the property line; it could be 7 1/2
feet from the property line. The front facade of the house that
is facing the Hollingsworth home is 22 feet tall; it could be 35
feet tall. The structure that was approved for Lot 37 is a single
family residence; it could be a duplex. The Commission, prior to
the hearing, paid a site visit to view Lot 37; standing on Lot 38
while discussing view corridors and impact of structure proposed
for Lot 37. Consensus of commission was the design for Lot 37 was
extremely sensitive to the issue of view corridors and impacted
the adjacent property in a very minimal way. Regarding required
criteria for Commission's decision, Section 6.15 is the visual
appearance of any proposed improvements as viewed from adjacent
neighboring properties and public ways.
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Staff's comments were there is not a dominant design theme in the
area of Wildridge, this residence should be visually compatible
with the neighborhood. Dr. Hollingsworth, the owner of an
adjacent lot, Lot 38, is concerned with the effect this structure
would have on his views. The adjacent property owner hired a
local architectural firm to do a brief study, Staff believes the
result was that the new structure would have a very minor effect
on the views from the existing structure. Dr. Hollingsworth is
requesting that the Weilands reduce the height by 4 1/5 feet.
Staff feels that this is an unreasonable request because; 1.) both
lots existed when Dr.Hollingsworth purchased and built his~lot, he
was aware that the adjacent lot existed and would ultimately have
a structure on it. And, 2.) zoning allows the Weilands a maximum
height of 35 feet, as proposed the structure,is only 22 feet tall
on the side that faces the Hollingsworth residence, with a maximum
height of 32 feet on the opposite elevation. And, 3.) the
proposed structure will be visible from the Hollingsworth
residence and will encroach into their current view corridor,
however, it will not totally block their view. The Weilands could
be requesting approval on a structure 13 feet taller that would
totally block the views of the adjacent lot. Mr. Allender added
Dr. Hollingsworth will not lose his entire view corridor. Mr.
Allender noted that, in the letter from Dr. Hollingsworth's
representative dated April 20, 1993, 114.) the proposed improvement
on Lot 38 is planned to be located dust about as far north on the
Lot 37 as possible", it could be 25 feet further north and is not
as far north as possible. The architect for the Weilands and Dr.
Hollingsworth are present.
Councilor Hazard questioned if a member of the Commission was
present and that he understood a member would be present during.
every appeal. Mayor Reynolds responded that the issue had.been
discussed, with no final decision. Mayor Reynolds added that Mr.
Allender and Mr. Pylman represent the Commission. Mr. Allender
confirmed he is representing the Commission.
Councilor Hazard suggested these two neighbors discuss this matter
amongst themselves. Mr. Allender expressed the neighbors-have
had discussions. .
Councilor Fawcett questioned which takes precedent, relating to
view corridors of Lot 37 / Lot_38. Mr. Allender responded that
strict enforcement of "if you block it, you can't build it". would
,make a number of lots unbuildable. The Commission takes these
Guidelines, and they are guidelines, into consideration and have
been very consistent in their interpretation of the Guidelines
that a design can not totally block someones.view. This specific .
design addresses that very well;-it would be cheaper for the
Weilands to move the structure way up the hill.
Councilor Fawcett questioned location of structure on the lot.
Mr. Allender stated to reposition the structure, site cost would
be a factor and the architect might be able to answer that more
completely. Mr. Allender added zoning ordinance allows the house
to be 35 feet tall, basically 7 1/2 feet from the property line.
The Commission takes into consideration how 'that will impact..
somebody's view and, if that was being proposed it probably would
not.have-been approved. But, as this was sunk down the hill and a.
much lower structure, very slight site impacts to it - a very
reasonable response; the commission approved it.
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Dr. Hollingsworth stated he came to the area approximately 8
years ago as a-skier, fell in love with the area, came back to
play golf and approximately 6 years ago purchased his dream lot in
Wildridge. With the help of Roy Ricks and Dick Froberg they built
the house Dr. Hollingsworth hopes to retire in. Dr.
Hollingsworth's main consideration was the beautiful view from
this lot. Research was done regarding whether or not this view
could be obstructed by future construction. Dr. Hollingsworth
added he knew other lots were around him and he knew other houses
would be built. The code was researched and Dr. Hollingsworth
was heartened to note Avon respects view channels. Prettiest view
in the whole world encompasses Avon Village, Arrowhead Golf,.
Course, New York Mountain Range, Singletree and he did not. think
this would ever be obstructed because of the code. Dr.
Hollingsworth expressed dissatisfaction with Mr. Allender;
conversations have been very very negative and Dr. Hollingsworth
does not understand why Mr. Allender feels the view is
unimportant to Dr. Hollingsworth and is not too concerned with
Dr.. Hollingsworth view. Dr. Hollingsworth said, "he can build
his house and enjoy the views that he wants to enjoy,.the location
that he wants to on that lot and move it down and not obstruct-my
view at all. But once he obstructs my view, if he builds it as he
wants to I've lost my view forever. And, Mr. Allender says it's
minimal. Well, if he lived there, I don't think he would say it
was minimal; thats kind a like whos being affected by this. I'm
being deprived of probably 30% of my view down the valley forever,
if they build where they say they want to build. They can go down
the lot 30 feet, drop their roof 5 feet, and I'll never know
they're there". Dr. Hollingsworth'added he is willing to share
in the additional expense of the driveway; lengthening the
driveway. There is a fairly level building area towards th,e south,.
of the proposed site that presents no problem for Dr.
Hollingsworth. Dr. Hollingsworth added the proposed structure
will not be 4 1/2 feet above his floor elevation; it will be 5
feet. Dr. Hollingsworth was not present at the Commission's
hearing, however he was represented by his neighbors Bob and
Barbara Walsh and they are also present this evening to express
their objection.. Mr. & Mrs. Walsh live in the eastern.half of
the duplex and Dr. Hollingsworth lives in'the western half. Dr.
Hollingsworth said, "we relied implicitly on the code which says
that'our solar channel and view channel will be protected".
Councilor Roof questioned main floor view. Dr. Hollingsworth,
noted his residence is a duplex, split level - level and a half.*.
Councilor Roof stated evaluation is on the proposed building
interfering with Dr. Hollingsworth's-views and-questioned if the.
proposed building is moved down the hill how will that-affect the
proposed building's views. Dr. Hollingsworth stated he could
build on the southern portion of his lot and still not have to
worry about his ;views being obstructed. Councilor, Roof questioned
sections 6.22 and 6.25 with regard'to solar.'-Dr. Hollingsworth
replied he is not concerned with solar channels, strictly his
view. Councilor Roof questioned views. Dr. Hollingsworth stated
he would no longer be able to see Avon Village area or Singletree.
Dr. Hollingsworth would still be able to see a portion of
Arrowhead, New York Mountain Range, and up into Beaver Creek.
Councilor Nottingham questioned sections 6.22 and 6.25 and
requested direction from Town Attorney Dunn. Attorney Dunn
responded as Staff reported, they are guidelines. The property
owner has certain rights to construct the building within the:
zoning regulations.
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Councilor Nottingham requested a mandatory site visit by every
member of Council each time an appeal is scheduled and is
considering tabling until all have visited the site. Councilor
Nottingham expressed concerns of the differences in presentations
of the commission and the Council. Mayor'Reynolds agreed that a
site visit is a very good idea.
Councilor Hines questioned if Dr. Hollingsworth has approached
the Weilands with regards to a possible compromise. Dr.
Hollingsworth responded he has'left a message that has not been
returned. Dr. Hollingsworth added the plans show a retaining
wall 2 feet from Dr. Hollingsworth property line and Mr. Ricks
has pointed out there is no way that wall can be built without
trespassing on Dr. Hollingsworth's property.
Councilor Hazard voiced discomfort with a decision and suggested
tabling until the Council visits the site, with representatives
from both sides: Dr. Hollingsworth welcomed the site visit-and-
suggested using computer equipment to generate pictures of view
channels with superimposing the proposed structure to really see
what views will be obstructed. Dr. Hollingsworth will look into
this possibility back home.
Mr. Bob Walsh stated he represented Dr. Hollingsworth at the
Commission's hearing as a lawyer. Mr. Walsh is appearing this
evening as.a tenant of the property; the duplex most easterly on
the side of the structure. As a tenant, Mr. Walsh has first
right of refusal to purchase that unit; and added there is.a-
strong possibly that he and Mrs. Walsh will become residents of
this town, depending on how his-business--deal works,-.out. Mr.
Walsh expressed his view to be.'the propo'sed_structure is as far
north as it can be. And, with it that far north,-you can not see
around it and is too close to the house.- Mr. Walsh's view will
not be interrupted as much as Dr. Hollingsworth's. This adds.a.
very discouraging factor of Mr. Walsh ever purchasing the ,unit.
Mr. Walsh said, "the guide rules have the effect"of,law and they
must be enforced in accord with that effect; they just can't be
arbitrarily ignored. And, I would,take issue with that at any
hearing".
Mrs. Walsh stated she is up here alot more than her husband and
she does enjoy the view and thought it would be better moved.
Mr. Mark Donaldson, architect representing the Weilands who are
the owners of Lot 37, stated he received a telephone call from Mr.
Roy Ricks, before being commissioned to design this project.- Mr:
Ricks was upset that someone had bought the property and through
that phone call Mr. Donaldson was told that if their views were
blocked in anyway, they would all be sued. Mr. Donaldson stated,
with his 17 years of experience of building in the mountains, that
there is a very easy way to build on this site and far less
expensive than what is proposed. And, that is to build the
building right up against the set back,: bring the driveway right
in at that grade, with a one story retaining wall,-and have a very
nice two story building from the south,and a one story building
from the north. We could accomplish everything we ever wanted out
of this site; every view at every angle of every room. A very
simple and elegant structure with great pedestrian access,
protection,-.vehicular maneuvering, etc. The Weilands have elected
to,move the structure farther down the site to create a distance
from one another that is acceptable to both. A great deal of time
has been spent plotting view corridors, sun angles, snow removal,
retaining walls.
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And, the retaining wall in question is designed to be a battered
retaining wall and can be built close to the property line without
affecting the property. This will likely be revised to be a two
step retaining wall so as not to touch Dr. Hollingsworth
property. Mr. Donaldson noted there is a drainage issue; Dr.
Hollingsworth's roof drains onto Lot 38 and drainage is to be
limited to one's own property and appreciation will be given to
Dr. Hollingsworth when this is taken care of. Mr. Donaldson
asked for consideration and requested action tonight. Mr.
Donaldson thanked those Councilmembers for visiting the site.
And, Mr. Donaldson expressed the Weilands' patience while waiting
for this appeal and in agreeing to delay this appeal for two weeks
at the request and convenience of Dr. Hollingsworth. During the
design process Mr. Donaldson spoke with Mr. Walsh regarding the
approach of the design and the cost of moving the building down
the hill. The Weilands are experiencing excessive costs of
extended foundation walls and footings to reach grade because of
pushing farther south on the lot at approximately a 6-7% grade.
The Weilands are paying for retaining walls along the bend of the
road into the building area. And, all this is because of trying
to lower the building and be a good neighbor. The Weilands have
experienced a similar situation to the concerns of Dr.
Hollingsworth. The Weilands built in Eagle-Vail approximately 14
years ago, somewhat unaware of the same type of design guidelines,
that applied to the Eagle-Vail PUD. Those guidelines allowed
their neighbor to the west to build in such a fashion as to block
their view to Castle Peak. In the last two years, the Weilands
have searched for a retirement site to suit their needs. Lot 37
has views that are nearly unobstructable. Mr. Donaldson noted
the discussion tonight is the loss of 4 1/2-5 feet of view from
Dr. Hollingsworth's lower floor and feels this loss is overrated.
Mr. Donaldson added that he has the computer capability that Dr.
Hollingsworth spoke of earlier and the charge is $90.00 per hour.
Mr. Donaldson expressed that Dr. Hollingsworth is not being
deprived of a view, but was deprived of good counselling when he
built. Staff has explained to alot of people that have come along
attempting to buy Dr. Hollingsworth's home that yes, someone can
build in front of the property. And, it is understood that
certain buyers have been discouraged because of that. Great
efforts have been taken to design within the guidelines that the
Weilands are allowed. Mr. Donaldson read a letter from Glen
Susmilch, neighbors of the Weilands, expressing satisfaction with
the proposed design of the Weilands building and welcoming the
Weilands to the neighborhood. Mr. Donaldson stated in the
commission hearing it was intimated that because the Hollingsworth
home was there, that they have the right to have their total view
unobstructed in perpetuity. Mr. Donaldson questioned, what about
the guy north of Dr. Hollingsworth; just across the street there
is a 1 story house in front of him. With this theory in mind, no
one could build on flat lots. It is necessary to respect Attorney
Dunn's view; the design guidelines are guidelines that are a
supporting document to Title 17 which is the zoning document which
are the strict and literal regulations that are enforced. The
Commission, in its unanimous approval of the Weilands' project,
has given great consideration to those guidelines. The original
plans were of a 3 story design, the Weilands have compromised to a
1 story on Dr. Hollingsworth's side, and further compromise is
doubtful. Mr. Donaldson requested the council uphold the
Commission's decision, this evening; with a 7 month building
schedule, the Weilands are ready to begin. Mr. Donaldson
commented that we must all prepare for this appeal to continue in
the courts and apologized for his rather lengthy presentation, but
felt a good record of the proceedings may be useful.
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Councilor Hazard suggested to table this issue to visit the site
and expressed willingness to go to the site at 6:00am in the
morning to'eliminate further delay. Mr. Donaldson responded the
Council should do what is consciously right to make the proper
decision. Mr. Donaldson added he served on the-Commission for 4
years and appreciated the importance of site visits. It is
unfortunate for the Weilands that the site has not been' visited as
the Weilands have been very patience waiting for this appeal and
could have applied for a building permit, with financing in place
they could have undertaken construction. If further information
or a site visit is necessary, Mr. Donaldson suggested not
tabling, but continuing this meeting until tomorrow morning so
that a decision may be reached.
Mayor Reynolds questioned cost of moving the structure as
suggested. Mr. Donaldson estimated the cost to be $30,000. The
Weilands have compromised as much as possible; by going lower the
Weilands will lose views to the East and West.
Discussion focused on availability of Council tomorrow morning.
Councilor Roof voiced concerns of this being tabled and felt
enough information has been given to make a decision. A site
visit would only produce an opinion. In every building that gets
built in Wildridge, some views will be lost.
Councilor Fawcett questioned if Mr. Donaldson has done a computer
model overlay in this instance. Mr. Donaldson responded
sections, perspectives of the building have been done but have not
been done from Dr. Hollingsworth's perspective. Graphics are
very similar to Dr. Hollingsworth's and bares out-the Weilands
point; the ridge is 4 1/2 feet above Dr. Hollingsworth's'floor.
Councilor Fawcett requested explanation of conflict; Dr.
Hollingsworth and Mr. Rick is indicating that there is a great
buildable site that is level to the south of what is proposed and
indicates the proposed plans are as far north as you can get; yet
Mr. Donaldson expressed they are not as.far north as-you can get,
etc. Mr. Donaldson explained the topography of the lot with the
assistance of a map and is difficult to transcribe as he stepped
away from the microphone.
Dr. Hollingsworth stated it strikes him as the Weilands are
looking for their views at Dr. Hollingsworth's expense. Dr.
Hollingsworth added Mr. Ricks has no interest in this property at
all and no ability to sue anybody.
Councilor Hines commented he is comfortable at making a decision
tonight. Councilor Hines stated Council bases the decision on the
same guidelines as the Commission. Councilor Hines said, "Based
upon the guidelines and your appeal is based upon 6.22 and 6.25
sections thereof personally and I guess I ought to put this in the
form of a motion personally I feel it behooves us and I'll make
this a motion that we should uphold the P & Z decision".
Councilor Roof seconded the motion.
Councilor Nottingham voiced a procedural.concern; site visits-must
be made for every appeal with someone from the Town's staff.
Councilor Nottingham questioned where is it stated that Council is
to hear the same appeal that Planning & Zoning; the same
information that was given-to P'& Z; as Council gets 'a.real"-
different picture than P & Z.
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Councilor Fawcett requested a representative-.from the~tdmmission
be present at:the Appeal; one if the decision is unanimous and
two, one for pro and one for con, if the decision is split.
Councilor Roof commented site visits should not be required and
does not feel a site visit is necessary in this situation.
The motion carried unanimously.
Next item was added under Citizen Input and was an update from
Kate Collins on the ABCRA.
Ms. Collins updated Council on the new Avon brochure, the
Northwest Colorado Guide, and the Courage Classic event.
First item under Unfinished Business was the Award Wildridge
Telephone Trenching Contract.
Councilor Nottingham motioned to authorize $35,660 contract with
LonV s Excavating. Councilor Hines seconded the motion and the
motion carried unanimously.
First item under New Business was the Transplanting of Tree to
Avon Road Streetscape/I-70.
Councilor Fawcett motioned to authorize the transplanting of the
tree now owned by Shapiro Development Company and the placement of
a bronze plaque indicating the tree was donated by,the Shapiro
Development Company to the Town of Avon with the total, cost not.to
exceed $900. Councilor, Nottingham seconded the motion. Councilor
Hazard suggested a 10% contingency. Councilor Fawcett amended his
motion to authorize $990. Councilor Nottingham seconded the
amended motion. The amended motion carried unanimously.
Next item under New Business was a Proposal for Engineering
Inspection Services / Mtn. Star.
Councilor Nottingham expressed her conflict of interest.
Councilor Roof motioned to approve the proposal from Intermountain
Engineering, Ltd. for engineering services in connection with the
construction of.public improvements within the Mountain Star
Subdivision. Councilor.Fawcett seconded the motion. The motion
carried with Councilor Nottingham abstaining.
Next added to the Agenda, under Other Business was Helicopter
service offered in emergencies.
Councilor Fawcett informed he met Mr. Gary Moe, who-is in charge
of the helicopter installing the Holy Cross utility lines. Mr.
Moe offered to the Town the use of the helicopter for emergency-
aid at no charge while,he is operating in the area.
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The Financial Matters were next presented to Council.
Councilor Hines motioned to receive items #1 through #5 and
approve items #6 through V. The motion was seconded by Councilor
Nottingham and was unanimously carried.
Next presented to Council were the Council Meeting Minutes.
Councilor Nottingham motioned approval of the May 11, 1993 Regular
Council Meeting minutes as presented. The motion was seconded by
Councilor Hines and the motion carried unanimously.
Councilor Hines motioned to entered into an Executive Session.
Councilor Nottingham seconded the motion and the Council retired
to an Executive Session at 10:37pm.
The regular meeting reconvened at 11:06pm.
Mayor Reynolds stated the appointment of the councilmember is tied
between Wells and Yoder and Council has elected to break the tie
by a flip of the coin. Police Chief Art Dalton called heads for
Wells and tails for Yoder. Attorney Dunn flipped the coin and
tails prevailed. Mayor Reynolds announced Judy Yoder is the new
councilmember.
There being no further business to come before Council, Mayor
Reynolds called for a motion to adjourn. Councilor Hines moved to
adjourn. The motion was seconded by Councilor Nottingham. The
meeting was adjourned by Mayor Reynolds at 11:10pm.
RESPECTFULLY SUBMITTED:
Patty Ney art, To4qn Clerk
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