07-04-2015 Decision for VAR15001Avon
coLoRna
TOWN OF AVON, COLORADO
PLANNING COMMISSION RESOLUTION 15 -03
SERIES OF 2015
A RESOLUTION APPROVING A VARIANCE TO EXEMPT LOT 12, BLOCK 4,
WILDRIDGE FROM COMPLYING WITH THE DRIVEWAY ANGLE AND
LOCATIONAL REQUIREMENTS OF TITLE 7, AVON DEVELOPMENT CODE
WHEREAS, the Town of Avon ( "Town ") adopted Ordinance No. 10 -14 adopting the Avon
Development Code ( "ADC ");
WHEREAS, the ADC includes provisions for driveway design through steep slopes;
WHEREAS, Gerry Meramonte, ( "Applicant ") submitted a Variance application to the Town
as the authorized representative for Jeffrey and Kathleen Bell, the owners of property in the
Town described as 5712 Wildridge Road E., Avon, CO 81620, or Lot 12, Block 4, Wildridge
Subdivision;
WHEREAS, the Variance application requests exemption from Section
§7.28.030(d)(9)(iii), which requires a 20' perpendicular driveway+access, and that driveways be
oriented between 45 and 135 degrees through the snow storage easement.
WHEREAS, to Applicant has applied for a single - family home to be constructed on the
property that does not comply with these driveway road standards;
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing
on April 7, 2015, after publishing, posting, and mailing notice as required by law, considered all
comments, testimony, evidence and staff reports provided by the Town Staff, considered such
information prior to formulating a decision, then took action to adopt a resolution;
WHEREAS, the Planning & Zoning Commission finds the Application complies with the
review criteria set forth in Sections 7.16.110(c) and the required findings in Section 7.16.110(d)
as described below; and,
NOW THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby Approves a Variance to allow the construction of driveway and retaining wall
improvements within the 10' slope maintenance, and snow storage easement for Lots 12, Block
4, Wildridge Subdivision, as described in the application materials dated March 18, 2015, as
stipulated in Title 7, Avon Municipal Code, and based upon the following conditions and
findings:
Condition:
1. The granting of this Variance is conditional upon the approval of the Major
Development Plan Application for the "Bell Residence" on Lot 12, Block 4,
Wildridge.
Findings:
1. 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. 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. The Variance is warranted for all of the following reasons;
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 the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties in the same district.
ACCEPTED, APPROVED AND ADOPTED THIS 7th OF APRIL, 2015
AVON PLANNING AND ZONING COMMISSION
Signed:
Jim Clarjef, Chair
Resolution 5 -03, Lot 12, Block 4, Wildridge Variance from Driveway Requirements 2