Scott N. Miller
June 23, 2004
It's confusing, it's
complicated and it's a big part of property values and community vitality in
Vail.
"It" is Vail's package of "gross residential floor area"
regulations, a 30-year-old set of rules that limit home sizes in town. Since
the fall of 2002, town officials have been working on modifying the rules,
primarily to simplify the mind-boggling complexity of determining just how
much of a building lot a home can occupy.
In the process, the proposed changes also might allow at least some residents
to add a bit more space in their homes.
Controlling the size of homes is a crucial element of the regulations - also
known as GRFA - for most Vail Town Council members. Councilman Dick Cleveland
recently expressed concerns that opening the door to too much square footage
on building lots could lead to tearing down existing homes in residential
neighborhoods and replacing them with large second homes.
"The implication of bigger houses to local residents is it will push
working people out of Vail," Cleveland said.
Houses do need to get slightly bigger, though, said John Nilson of Sonnenalp
Real Estate. Nilson, who has sold real estate in the area for more than 30
years, said buyers are demanding more space these days, and Vail has to keep
up. "The old regulation stood Vail well over the years; it kept things
controlled," Nilson said. "But the type of product people now demand
has changed." Buyers looking for vacation homes are looking for storage
space, media rooms, wine rooms and other amenities, he said.
"I know Dick and Diana are concerned about mass and bulk," Nilson
said, acknowledging the concerns of Cleveland, councilwoman Diana Donovan and
others. "And I do believe the new regulations will increase mass and bulk
somewhat. But will it affect the balance of the community? No."
In fact, a former member of the town's planning commission, a board that
advises the Town Council on development, argues the changes will actually help
keep people in Vail.
"The town should be thinking hard about ways to keep people from
leaving," Eric Shirley said. Allowing residents to expand their homes,
particularly basements, will encourage people to stay. And, Shirley added,
expanding basements doesn't really affect what people see above ground.
But the definition of "basement," and how to ward off attempts at
future abuse, has stymied the Town Council for several meetings. While
Councilwoman Diana Donovan has argued that new regulations need to be as close
to perfect as possible, Shirley said that's not realistic.
"There's no perfect definition of 'basement,'" Shirley said.
"But there's still going to be basements."
Shirley, who owns one of the "row houses" along Gore Creek Drive,
said his ability to add a basement is about the only improvement that makes
sense for his property. But a local architect who has worked in the area for
about 30 years said adding a basement isn't something just anyone can do.
"More often than not, it will be an expensive proposition," Jim
Morter said. "If (homeowners) already have deep foundation walls, it's
relatively easy. If not, it's pretty tough."
Beyond other issues, though, any regulation that affects square footage in
Vail raises one essential issue: money.
"Changing GRFA is essentially altering Vail's monetary system," Vail
Village Homeowners Association director Jim Lamont said. In a town where every
square foot of buildable land is worth so much, changing the rules governing
home sizes is an issue with millions of dollars at stake.
And often, remodeling a home comes down to dollars. Shirley, who is remodeling
his home on Gore Creek Drive, said only two of the homes along the street have
been significantly renovated since the 1960s.
"The old rules make design so expensive and difficult for the layman to
grasp," that many people simply don't bother, Shirley said.
While town council members continue to wrestle with definitions and the other
details of the complex regulations, councilman Kent Logan said he is ready to
vote.
"I think we're close," Logan said. "It's time to be specific,
but my concern is we don't prolong this any longer."
And the people of Vail have spoken on the issue, Shirley said.
"We had tons of (planning commission) meetings, and they were well
attended," he said. "We got a very clear picture of what people
want. That picture has been diluted by the council."
In the end, though, Shirley said he's confident the council will soon adopt a
version of the rules close to what the planning commission recommended. Which
means, in the end, Vail residents may be allowed to create a bit more space in
their homes.
The changes Vail has had its "Gross Residential Floor Area"
regulations in place since the 1970s. The intent of the rules is to control
how big a home can be built on a given building lot. The Vail Town Council is
expected to vote July 6 on an ordinance that would implement the following
changes to the regulations:
• Repealing provisions that allow owners of existing homes to add another
250 square feet of floor space, and allow slight square footage
"bonuses" for interior remodeling projects.
• Changes the way the town calculates square footage, changing measurement
points from interior to exterior walls.
• "Vaulted spaces," such as cathedral ceilings, will be counted as
floor area in order to limit the addition of loft space
• Basements will be exempt from the regulations.
•Parking requirements will be adjusted.
• The changes will apply to both new construction and remodeling projects.