PZC Res. No. 03-09TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 03-09
A RESOLUTION APPROVING A PARKING VARIANCE
APPLICATION ON LOT 20, BLOCK 2, BENCHMARK AT
BEAVER CREEK SUBDIVISION, UNITS 101 & 201 BENCHMARK
PLAZA, TOWN OF AVON, EAGLE COUNTY, COLORADO
HEREAS, Flexible Too, Inc. dba "Vista Restaurant' has applied for a parking
variance in order to serve lunch seven days a week on Lot 20, Block 2, Benchmark at
Beaver Creek Subdivision, Unit 101 & 201 of Benchmark Plaza as described in the
application dated March 17, 2003 as stipulated in Title 17, of the Avon Municipal
Code; and
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.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of
the Town of Avon, Colorado hereby approves a Variance for Vista Restaurant, Lot 20,
Block 2, Benchmark at Beaver Creek, Units 101 & 201 of Benchmark Plaza as
described in the application dated March 17, 2003 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 the specified
regulation would deprive the applicant of privileges enjoyed by the owners
of other properties in the same district.
This ar)nlication is aouroved with the following conditions:
1. The variance is for a one-year period, subject to review and renewal for a longer term
by the Planning and Zoning Commission on April 15, 2004.
2. The variance is specifically granted for the Vista restaurant only. Any changes to
restaurant seating area or a change in ownership without specifically seeking a formal
approval from the Town of Avon will cause the variance to be void.
3. 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 15th DAY OF APRIL, 2003
Signe
40,49c,
Chris Evans, Chair
Atttte�stt: .Q
yv �
Michael McClinton, Secretary
Date: !4111
Date: � I I'd 0
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 03-09
A RESOLUTION APPROVING A PARKING VARIANCE
APPLICATION ON LOT 20, BLOCK 2, BENCHMARK AT
BEAVER CREEK SUBDIVISION, UNITS 101 & 201 BENCHMARK
PLAZA, TOWN OF AVON, EAGLE COUNTY, COLORADO
HEREAS, Flexible Too, Inc. dba "Vista Restaurant' has applied for a parking
variance in order to serve lunch seven days a week on Lot 20, Block 2, Benchmark at
Beaver Creek Subdivision, Unit 101 & 201 of Benchmark Plaza as described in the
application dated March 17, 2003 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 applicaait 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 consider ed
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.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of
the Town of Avon, Colorado hereby approves a Variance for Vista Restaurant, Lot 20,
Block 2, Benchmark at Beaver Creek, Units 101 & 201 of Benchmark Plaza as
described in the application dated March 17, 2003 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 the specified
regulation would deprive the applicant of privileges enjoyed by the owners
of other properties in the same district.
This application is aoaroved with the following conditions:
1. The variance is for a one-year period, subject to review and renewal for a longer term
by the Planning and Zoning Commission on April 15, 2004.
2. The variance is specifically granted for the Vista restaurant only. Any changes to
restaurant seating area or a change in ownership without specifically seeking a formal
approval from the Town of Avon will cause the variance to be void.
3. 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 15th DAY OF APRIL, 2003
Signe
a4-0e��
Chris Evans, Chair
Attesj:
Michael McClinton, Secretary
Date: 1 I is- 143
Date: 'Itt i I ,
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 03-10
SERIES OF 2002
A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF
AVON APPROVAL OF A PUD AMENDMENT TO THE CHAPEL SQUARE PUD FOR
LOTS 22,22A, TRACTS A, B1 & B2, BLOCK 2, BENCHMARK AT BEAVER CREEK
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Traer Creek LLC, has applied for an amendment to Lots 22, 22A, Tract A, B1
& B2, Block 2, Benchmark at Beaver Creek Subdivision, to amend the Chapel Square
PUD for facade improvements and the addition of 12,000 square feet of commercial
space; and
WHEREAS, after notices required by law, a public hearing on said application was held by
the Planning & Zoning Commission of the Town of Avon; and
WHEREAS, said application is consistent with all legal requirements.
NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby
recommends to the Town Council of the Town of Avon approval of the application for
PUD Amendment for Lot 22, 22A, Tract A, B1, & B2, Block 2, Benchmark at Beaver
Creek Subdivision, Town of Avon, Eagle County, Colorado with the following
conditions:
1. A building permit must be issued for the fagade improvements and additional 12,000
square feet within thirty (30) days from the date Wal-Mart vacates the premises or the
Wal-Mart located at the Village at Avon opens for business to the public, whichever
occurs earlier.
2. A Certificate of Occupancy must be issued for the additional square footage and
fitade improvements within the ninety (90) days from the date of issuance of the
building permit.
3. In the event a building permit is not issued for the fagade improvements and
additional 12,000 square feet within thirty (30) days from the date Wal-Mart vacates
the premises or the Wal-Mart located at the Village at Avon opens for business to the
public, whichever occurs earlier, then this Chapel Square PUD Amendment shall
lapse and be void.
4. 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 15t" DAY OF APRIL, 2003
igneSigned-
Chris
Chris Evans, Chairman
Attest:
/ p
l 11cJklr.X�f v4aA- 'h
Michael McClinton, Secretary
Date: 7 I (5 /63
Date: !T 4:1 0 3