PZC Res. No. 2005-04TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 05 -04
A RESOLUTION APPROVING A VARIANCE TO ALLOW THE
CONSTRUCTION OF AN ENCLOSED STAIRWAY AND A
PORTION OF CONFERNCE ROOM IN THE FRONT YARD
SETBACKS ON LOT 22, BLOCK 1, BENCHMARK AT BEAVER
CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
HEREAS, BBG Holding Corporation has applied for a variance to construct an
enclosed stairway and portion of 3rd story conference room within the front setback on
Lot 22, Block 1, Benchmark at Beaver Creek Subdivision, as described in the
applii ation dated March 14, 2005 and design plans dated Mar.;h 15, 2005 as stipulated
in Title 17, of the Avon Municipal Code; and
W HEREAS, 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.
FAPlanning & Zoning Commission\Resolutions\2005\Res 05 -04 L.22 B1 BMBC setback variance.doc
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of
the Town of Avon, Colorado hereby approves a Variance to construct an enclosed
stairway and portion of 3rd story conference room within the front setback on Lot 22,
Block 1, Benchmark at Beaver Creek Subdivision as described in the application dated
March 14, 2005 and design plans dated March 15, 2005 as stipulated in Title 17, of
the Avon Municipal Code; and based upon the following findings:
1. That the granting of the Variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same district;
and
2. That the granting of the Variance will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the
vicinity; and
3. That the Variance is warranted for one or more of the following reasons; and
a. The strict literal, interpretation and enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of this title,
b. There are exceptional or extraordinary circumstances or conditions
applicable to the site of the Variance that do not apply generally to other
properties in that same zone.
C The strict or literal interpretation and enforcement of 'he specified
regulation would deprive the applicant of privileges eijoyed by the owners
of other properties in the same district.
This application is approved with the following conditions:
1. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in public
hearing(s) shall be adhered to and considered binding conditions of approval.
ADOPTED THIS 5th DAY OF April, 2005
Signed: %
Date:
Chris Evans, Chair
Attest:
Date: 4/
Terry Smith, Secretary
FAPlanning & Zoning Commission\Resolutions\2005\Res 05 -04 L22 B 1 BMBC setback variance.doc