Loading...
TC Minutes 05-25-1993• • 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. -2- 0 0 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. -3- 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. -4- 0 • 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. -5- • • 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. -6- • 0 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. -7- 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. -8- 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 -9-