PZC Res. No. 2004-24TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 04 -24
A RESOLUTION DENYING A VARIANCE TO ALLOW THE
ENCROACHMENT INTO THE SIDE LOT EASEMENT AND
SETBACK ON LOT 70A, BLOCK 1, BENCHMARK AT BEAVER
CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
WHEREAS, Jerald L Wuhrman has applied for a variance to construct a duplex which
would encroach into the 7.5' Utility and Drainage Easement and 7.5' Building Setback
on Lot 70A, Block 1, Benchmark at Beaver Creek Subdivision, as described in the
variance application dated September 9, 2004 and sketch design plans dated August
26, 2004 as stipulated in Title 17, of the Avon Municipal Code; and
WHEREAS, a public hearing has been held by the Planning & Zoning Commission of
the Town of Avon, pursuant to notices required by law, at which time the applicant
and the public were given an opportunity to express their opinions and present certain
information and reports regarding the proposed Variance application; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered
the following:
A. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity; and
B. The degree to which relief from the strict or literal interpretation and
enforcements of a specified regulations is necessary to achieve compatibility
and uniformity of treatment among sites in the vicinity or to attain the
objectives of this title without grant of special privilege; and
C. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public
safety; and
D. Such other factors and criteria as the Commission deems applicable to the
proposed Variance.
17APlanning & Zoning Commission \Resolutions \2004 \Res 04 -24 L70A B I BMBC side lot setback variance.doc
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of
the Town of Avon, Colorado hereby denies a Variance allowing encroachment into the
side lot easements /setbacks on Lot 70A, Block 1, Benchmark at Beaver Creek
Subdivision as described in the application dated September 9, 2004 and sketch
design plans dated August 26, 2004 as stipulated in Title 17, of the Avon Municipal
Code; and based upon the following findings:
1. That the granting of the Variance will constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same district;
and
2. Encroachment into the 7.5' Utility and Drainage Easement on the western lot line
would be considered an obstruction within the easement; and
3. Other design alternatives exist that would not require encroachment into the 7.5'
Utility and Drainage Easements and Building Setbacks.
DENIED ON THIS 21st DAY OF SEPTEMBER, 2004
Signed: /
Date: 2 C
Chris Evans, Chair
Attest:
yk,+ Date:
Terry Smith, Secretary
FAPlanning & Zoning Commission \Resolutions\2004 \Res 04 -24 L70A B 1 BMBC side lot setback variance.doc