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PZC Packet 060501Town of Avon Planning & Zoning Commission Site Tour June 5, 2001 12:00 PM Town of Avon Municipal Building 400 Benchmark Road I. Site Tour Meet at the Community Development Conference Room. Lunch is available to those Commissioners who RSVP by 10:00 a.m. Posted on June 1, 2001 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Avon / Beaver Creek Transportation Center • City Market, main lobby Town of Avon Planning & Zoning Commission Work Session June 5, 2001 Council Chambers Town of Avon Municipal Building 400 Benchmark Road There is NO WORK SESSION due to the Town Center Plan Public Forum by RNL. Posted on June 1, 2001 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Avon / Beaver Creek Transportation Center • City Market, main lobby Town of Avon Planning & Zoning Commission Regular Meeting June 5, 2001 5:30 PM Council Chambers Town of Avon Municipal Building 400 Benchmark Road Agenda I. Call to Order II. Roll Call III. Additions and Amendments to the Agenda IV. Conflicts of Interest V. Consent Agenda Approval of the May 15, 2001 Planning & Zoning Commission Meeting Minutes [Tab 1 ] VI. Final Design A. Lot 52, Block 3, Wildridge [Tab 2] Project Type: Single Family Residence Applicant: Galen Aasland, Architect Owner: Wagner Schorr, M.D. Address: 4686 North Point Posted on June 1, 2001 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Avon / Beaver Creek Transportation Center • City Market, main lobby B. Lot 42, Block 4, Wildridge [Tab 3] Project Type: Triplex Residence Applicant: AS Inc. /Andy Schifanelli Owner: TS Properties, Inc. Address: 5101 Longsun Lane C. Lot 92, Block 1, Wildridge [Tab 4] Project Type: Duplex Residence Applicant/Owner: Vladimir Zika Address: 2440 Old Trail Road D. Lot 12, Block 2, Wildridge [Tab 5] Project Type: Single Family Residence Applicant: Summit Forest Dev. /Robert Borchardt Owner: Glenn Davis Address: 2841 O'Neal Spur VII. Special Review Use A. Lot 88, Block 1, Wildridge [Tab 6] Project Type: Home Occupation - Day Care Applicant/Owner: Jennifer Lawler Address: 2455 Old Trail Road, Unit C VIII. Sign Variance A. Tract B -2, Block 2, Benchmark at Beaver Creek [Tab 7] Project Type: Tenant Sign Applicant/Owner: Chapel Square LLC /Palmos Address: 230 Chapel Place, Units 208 & 209 IX. Other Business A. Staff Approvals: 1. Lot 6, Block 4, Wildridge 5768 Wildridge Road East Modification to Final Design to Increase Habitable Space Posted on June 1, 2001 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Avon / Beaver Creek Transportation Center • City Market, main lobby 2. Lot 72, Block 2, Benchmark at Beaver Creek 110 East Beaver Creek Blvd. Buck Creek Condominium Color & Siding Modifications 3. Lot 67, Block 2, Benchmark at Beaver Creek 0260 Beaver Creek Place City Market Garden Center B. Sign Permits 1. Lot 22, Block 2, Chapel Square 240 Chapel Square, Bldg. B " Outback Steakhouse" North Monument Sign X. Town Center Plan Public Meeting XI. Adjourn Posted on June 1, 2001 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Avon / Beaver Creek Transportation Center • City Market, main lobby Town of Avon Final Design Staff Report June 5, 2001 Planning & Zoning Commission meeting Report date Project type Legal description Zoning Address Introduction May 29, 2001 Single Family Residence Lot 52, Block 3, Wildridge Duplex 4686 North Point The applicant is proposing a single family residence located at 4686 North Point. The project proposes the use of stucco, stacked stone veneer, stained wood trim to create a contemporary mountain style. This residence is approximately 4,018 total square feet in size with 3,129 square feet livable area. This project includes two unique design elements; a children's amphitheater built into the hillside directly east of the residence and an entry arch. Design Review Considerations According to the Commission's Procedures, Rules & Regulations, Section 4. 10, the Commission shall consider the following items in reviewing the design of this project: 1. The conformance with setbacks, massing, access, land use and other provisions of the Zoning Code. • Allowed use: Conforms to the allowed residential use. • Density: Single Family • Lot Coverage: Conforms with lot coverage requirements. • Setbacks: The project is within the lot setbacks; however, there will be a retaining wall at the driveway entrance. • Easements: The driveway retaining wall will encroach into the Drainage and Utility Easement. • Building Height: The height restriction for the lot is 35 feet and the proposed height is in compliance with the height restrictions. The applicant will be required to verify elevations at foundation and framing stages by a licensed surveyor. • Grading: Grading plans are acceptable. • Parking: The applicant is providing sufficient parking on site. • Snow Storage: Submitted plans comply with the Town requirements for snow storage. • Landscaping: The landscaping plan is sufficient; however, Staff is recommending that a drip irrigation system be installed for all trees and shrubs. Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 Lot 52 Block 3, WR Final Design Review June 5, 2001, P &Z meeting 2. The conformance with other applicable rules and regulations of the Town of Avon. The project is in conformance with all applicable rules and regulations of the Town of Avon. 3. The type and quality of materials of which the structure is to be constructed. The architectural style, massing and materials work well with the site. 4. The design of site grading and drainage to minimize impacts to adjacent sites, rights -of- way and easements. The grading plan should be adjusted to allow for positive drainage away from the north side of the building. 5. The compatibility of proposed improvements with site topography, to minimize site disturbance, orient with slope, step building with slope, and minimize benching or other significant alteration of existing topography. The project is compatible with the site. 6. The appearance of proposed improvements as viewed from adjacent and neighboring properties and public ways with respect to architectural style, massing, height, orientation to street, quality of materials, and colors. The overall architectural design and materials work well within the neighborhood and are consistent with Town standards. The proposed entry arch at the entrance to the property will be unique to Wildridge. 7. The objective that no improvement be so similar or dissimilar to others in the vicinity that monetary or aesthetic values will be impaired. The design of the project is consistent with previously approved residences within this area and conforms to the quality of materials and colors used on many of the already constructed residences. 8. The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon. This project is in conformance with the adopted Goals, Policies and Programs for the Town of Avon. Staff Recommendation Staff recommends Final Design approval for Lot 52, Block 3, Wildridge Subdivision with the conditions listed below to be submitted at the time of the building permit application. 1. The grading on the north side of the property must be revised to allow for positive drainage away from the building. 2. Landscaping plan must be revised to include a drip irrigation system for all trees and shrubs. If you have any questions regarding this project, please call me at 748 -4413 or stop by the Community Development Department. Respectfully submitted, Eric Johnson Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 Town of Avon Final Design Staff Report June 5, 2001 Planning & Zoning Commission meeting Report date Project type Legal description Zoning Address Introduction May 29, 2001 Tri -plex Residence Lot 42, Block 4, Wildridge Four -plex 5101 Longsun Lane The applicant is proposing a tri-plex residence located at 5101 Longsun Lane. The project proposes the use of stucco, mountain ledge stacked stone veneer and stained wood trim to create a contemporary mountain style. The lot is zoned for four units; however, only three units are proposed. This tri-plex is approximately 11,785 total square feet in size: west unit is 3,597 square feet; middle unit is 4,587 square feet; east unit is 3,601 square feet. Design Review Considerations According to the Commission's Procedures, Rules & Regulations, Section 4. 10, the Commission shall consider the following items in reviewing the design of this project: 1. The conformance with setbacks, massing, access, land use and other provisions of the Zoning Code. • Allowed use: Conforms with the allowed residential use. • Density: Tri-plex • Lot Coverage: Conforms with lot coverage requirements. • Setbacks: The project does not encroach into any setbacks; however, it does come quite close to east and west setbacks. • Easements: There are no encroachments in the Drainage and Utility Easement. • Building Height: The height restriction for the lot is 35 feet and the proposed height is 34 feet 10 inches which is in compliance with the height restrictions. The applicant will be required to verify elevations at foundation and framing stages by a licensed surveyor. • Grading: Grading plans are acceptable. • Parking: The applicant is providing sufficient parking on site. • Snow Storage: Submitted plans comply with the Town requirements for snow storage. • Landscaping: The landscaping plan is sufficient. Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 Lot 42 Block 4, WR Final Design Review June 5, 2001, P &Z meeting Page 2 2. The conformance with other applicable rules and regulations of the Town of Avon. The project is in conformance with other applicable rules and regulations of the Town of Avon. 3. The type and quality of materials of which the structure is to be constructed. The architectural style, massing and materials work well with the site without creating a 'mirror image'. 4. The design of site grading and drainage to minimize impacts to adjacent sites, rights -of- way and easements. The grading plan is acceptable. 5. The compatibility of proposed improvements with site topography to minimize site disturbance, orient with slope, step building with slope and minimize benching or other significant alteration of existing topography. The project is compatible with the site. 6. The appearance of proposed improvements as viewed from adjacent and neighboring properties and public ways with respect to architectural style, massing, height, orientation to street, quality of materials, and colors. The overall architectural design and materials work well within the neighborhood and are consistent with Town standards. 7. The objective that no improvement be so similar or dissimilar to others in the vicinity that monetary or aesthetic values will be impaired. The design of the project is consistent with previously approved residences within this area and conforms to the quality of materials and colors used on many of the already constructed residences. 8. The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon. This project is in conformance with the adopted Goals, Policies and Programs for the Town of Avon. Staff Recommendation Staff recommends Final Design approval for Lot 42, Block 4, Wildridge Subdivision with the condition listed below to be submitted at the time of the building permit application. 1. The address sign must be located outside of the 10 -foot snow storage and drainage easement. If you have any questions regarding this project, please call me at 748.4413 or stop by the Community Development Department. Respectfully submitted, Eric Johnson Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 Town of Avon Final D o rt staff Re p June 5, 2001 Planning & Zoning Commission meeting Report Date Project Type Legal Description Zoning Address Introduction May 31, 2001 Duplex Residence Lot 92, Block 1, Wildridge Duplex 2440 Old Trail Road The applicant is proposing a duplex residence located at 2440 Old Trail Road in the Wildridge Subdivision. The project is a contemporary home utilizing stone, stucco and wood siding that resembles several other homes in the immediate area in its use of materials. The project is approximately 7,112 square feet in size with each unit containing approximately 3,556 square feet. The lot coverage proposed by this home is approximately 21 percent; however, the lot is quite steep and requires extensive use of retaining walls to accommodate the proposed building since it maximizes the lot. Design Review Considerations According to the Commission's Procedures, Rules & Regulations, Section 4. 10, the Commission shall consider the following items in reviewing the design of this project: 1. The conformance with setbacks, massing, access, land use and other provisions of the Zoning Code. • Allowed use: Conforms with the allowed residential use. • Density: Duplex • Lot Coverage: Conforms with lot coverage requirements. • Setbacks: The project does not encroach into any setbacks. • Easements: There are no encroachments in the Drainage and Utility Easement. • Building Height: The height restriction for the lot is 35 feet and though variable, the building proposed is under 35 feet on all ridgelines of the structure. The applicant will be required to verify elevations at foundation and framing stages by a licensed surveyor. • Grading: Grading plans are acceptable. • Parking: The applicant is providing sufficient parking on site. • Snow Storage: Submitted plans comply with the Town requirements for snow storage. • Landscaping: The landscaping plan is sufficient. Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 Lot 92, Block 1, WR Final Design Review June 5, 2001, P &Z meeting Page 2 2. The conformance with other applicable rules and regulations of the Town of Avon. The project is in conformance with other applicable rules and regulations of the Town of Avon. 3. The type and quality of materials of which the structure is to be constructed. The architectural style, massing and materials are acceptable. 4. The design of site grading and drainage to minimize impacts to adjacent sites, rights -of- way and easements. The grading plan is acceptable. 5. The compatibility of proposed improvements with site topography to minimize site disturbance, orient with slope, step building with slope and minimize benching or other significant alteration of existing topography. The project is maximizing the buildable area of the site and requires a significant amount of grading and excavation. 6. The appearance of proposed improvements as viewed from adjacent and neighboring properties and public ways with respect to architectural style, massing, height, orientation to street, quality of materials and colors. The overall architectural design and materials work well within the neighborhood and are consistent with Town standards. 7. The objective that no improvement be so similar or dissimilar to others in the vicinity that monetary or aesthetic values will be impaired. The design of the project is consistent with previously approved residences within this area and conforms to the quality of materials and colors used on many of the already constructed residences. 8. The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon. This project is in conformance with the adopted Goals, Policies and Programs for the Town of Avon. Staff Recommendation Staff recommends Final Design approval for Lot 92, Block 1, Wildridge Subdivision with the condition listed below to be submitted at the time of the building permit application. 1. The address sign must be located outside of the 10 -foot snow storage and drainage easement. Also, each unit shall have an address placard placed in an area visible from the road. 2. The grading plan must be revised on the west side of the property to accurately reflect finished grades as they affect the driveway and drainage. No finished grade shall exceed a 2:1 slope in this area. This revision to the site plan must be submitted and approved prior to the issuance of a building permit. 3. The culvert must be sized and installed per the Town of Avon residential standards. 4. Driveway heating installation shall not exceed beyond the property line. Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 Lot 92, Block 1, WR Final Design Review June 5, 2001, P &Z meeting Page 3 If you have any questions regarding this project, please call me at 748.4002 or stop by the Community Development Department. Respectfully submitted, Tambi Katieb, AICP Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 Town of Avon Final Design Staff Report June 5, 2001 Planning & Zoning Commission meeting Report Date Project Type Legal Description Zoning Address Introduction May 29, 2001 Single Family Residence Lot 12, Block 2, Wildridge Duplex 2841 O'Neal Spur The applicant is proposing a single family residence located at 2841 O'Neal Spur in the Wildridge Subdivision. The project is a contemporary home utilizing stucco and cedar wood decking. A future studio apartment (lockoff) is being proposed in the basement level which does comply with the duplex zoning of the lot. The project is approximately 3,781 square feet in size. The lot coverage proposed by this home is approximately 3 percent. Design Review Considerations According to the Commission's Procedures, Rules & Regulations, Section 4. 10, the Commission shall consider the following items in reviewing the design of this project: 1. The conformance with setbacks, massing, access, land use and other provisions of the Zoning Code. • Allowed use: Conforms with the allowed residential use. • Density: Duplex • Lot Coverage: Conforms with lot coverage requirements. • Setbacks: The project does not encroach into any setbacks. • Easements: There are no encroachments in the Drainage and Utility Easement. • Building Height: The height restriction for the lot is 35 feet and the proposed home is 34 feet at its highest ridge. The applicant will be required to verify elevations at foundation and framing stages by a licensed surveyor. • Grading: Grading plans are acceptable. • Parking: The applicant is providing sufficient parking on site. • Snow Storage: Submitted plans comply with the Town requirements for snow storage. • Landscaping: The landscaping plan is sufficient. Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 Lot 12, Block 2, WR Final Design Review June 5, 2001, P &Z meeting Page 2 2. The conformance with other applicable rules and regulations of the Town of Avon. The project is in conformance with other applicable rules and regulations of the Town of Avon. 3. The type and quality of materials of which the structure is to be constructed. The architectural style, massing and materials are acceptable. 4. The design of site grading and drainage to minimize impacts to adjacent sites, rights -of- way and easements. The grading plan is acceptable. 5. The compatibility of proposed improvements with site topography to minimize site disturbance, orient with slope, step building with slope and minimize benching or other significant alteration of existing topography. The project is compatible with the site topography. 6. The appearance of proposed improvements as viewed from adjacent and neighboring properties and public ways with respect to architectural style, massing, height, orientation to street, quality of materials and colors. The overall architectural design and materials work well within the neighborhood and are consistent with Town standards. 7. The objective that no improvement be so similar or dissimilar to others in the vicinity that monetary or aesthetic values will be impaired. The design of the project is consistent with previously approved residences within this area and conforms to the quality of materials and colors used on many of the already constructed residences. 8. The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon. This project is in conformance with the adopted Goals, Policies and Programs for the Town of Avon. Staff Recommendation Staff recommends Final Design approval for Lot 12, Block 2, Wildridge Subdivision with the conditions listed below to be submitted at the time of the building permit application. 1. A revised site plan indicating finished grades that match the survey shall be submitted prior to the issuance of a building permit. The revised site plan shall also accurately depict the 10' snow storage and drainage easement as it exists on the O'Neal Spur frontage. If you have any questions regarding this project, please call me at 748.4002 or stop by the Community Development Department. Respectfully submitted, Tambi Katieb, AICP Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 Town of Avon Special Review Use Staff Report June 5, 2001 Planning & Zoning Commission meeting Report Date Special Review Use Type Legal Description Zoning Address Introduction May 31, 2001 Home Occupation Lot 88, Block 1, Wildridge Subdivision Four -plex 2455 Old Trail Road Jennifer Lawler has applied for a Special Review Use for a home occupation at 2455 Old Trail Road Unit C. She is seeking approval to operate a home day care for infants and toddlers. Section 17.08.360 B. of the Zoning Code, which has been included as an attachment to this report, specifically allows for day care. The business involves customers dropping off and picking up children at the residence. The applicant proposes that there will be only three customers plus her own child for a total of four children. The hours of operation would be approximately 8:00 a.m. to 5:00 p.m., Monday through Friday. There would not be any employees other than the applicant. There would be no deliveries to the property. The State of Colorado license requirements for infant and toddler care would be complied with. One letter objecting to the proposed home day care has been received from a neighbor who lives in the four -plex. The letter has been included as an attachment to this report. Criteria for Review According to section 17.48.040 of the Avon Municipal Code, the Planning & Zoning Commission shall consider the following criteria when evaluating an application for a Special Review Use permit: 1. Whether the proposed use otherwise complies with all requirements imposed by the Zoning Code. The home occupation will conform to the Wildridge PUD and the definition of Home Occupation per Section 17.08.360 which is attached to this report. A Colorado license is required to operate a child care home. In the case of infant and toddler care, the applicant is allowed to have a maximum of four (4) infants and toddlers. The State will not approve the applicant's license until she has met all the training and certification requirements as well as zoning approval from the local jurisdiction. Mrs. Lawler is proposing four (4) customers a day including her own child. Parking should not be affected. Customers would be dropping off and picking up their children. Town of Avon Community Development (970) 949 -4280 Fax modem (970) 949 -5749 Lot 88, Block 1, WR, SRU, page 2 June 5, 2001 Planning & Zoning Commission meeting 2. Whether the proposed use is in conformance with the Town Comprehensive Plan. Policy A1.8 of the Comprehensive Plan states: "Home occupations that reduce commuting by residents and do not negatively impact other residents should be encouraged." A majority of the users for this home occupation reside in Wildridge. Staff does not foresee any negative impacts to Avon residents. 3. Whether the proposed use is compatible with adjacent uses. The home occupation will be compatible with the adjacent uses. There can be no more than five (5) customers per day. The applicant is proposing three (3) customers for drop off and pick up only. Parking must not interfere with access to adjacent units. Mrs. Lawler is prohibited from having any employees working on the premises. Staff Recommendation Staff recommends approval of the Special Review Use for the home day care business with five conditions: 1. No more than four (4) infants and toddlers per day are allowed. 2. Parking cannot interfere with access to adjacent units. 3. No employees shall be allowed to work on the property on a regular basis. 4. A State of Colorado license for infant and toddler day care is required. 5. A Town of Avon Business License is required. Recommended Motion I move to approve Resolution # 01 -04 approving a Special Review Use Permit for Lot 88, Block 1, Wildridge Subdivision to establish a day care home occupation according to the plans and application dated April 24, 2001 with the following findings: 1. That the proposed use otherwise complies with all requirements imposed by the Zoning Code, including the definition of a Home Occupation (Section 17.08.360). 2. That the proposed use is in conformance with the Town Comprehensive Plan. 3. The proposed use is compatible with adjacent uses. Subject to the following five conditions: 1. No more than four (4) infants and toddlers per day are allowed. 2. Parking cannot interfere with access to adjacent units. 3. No employees shall be allowed to work on the property on a regular basis. 4. A State of Colorado license for infant and toddler day care is required. A Town of Avon Business License is required. If you have any questions regarding this or any other project or community development issue, please call me at 748.4413 or stop by the Community Development Department. Respectfully submitted, Eric Johnson, P ing Technician Town of Avon Community Development (970) 748 -4030 Fax modem (970) 949 -5749 MORGAN & KAREN TURNER P.O. Box 8410 AVON, CO 81620 March 31, 2001 Jennifer Lawyer P.O. Box 4656 Avon, CO 81620 Dear Jennifer, t" FIE We are sorry it took us so long to respond to your request for consent to operate a day care in your home. We can assure you that the delay was due to the fact that we needed to thoroughly research this issue. We met with and talked to a number of people, including neighbors, friends and real estate people, and with no exception, the response was not positive. We know you have addressed most of the issues but the impact of a day care in your home on our resale potential is too great for us to approve your request. We hope you will understand how difficult this position is for us as friends and neighbors. We hope this will not have any long -term effects on the friendly atmosphere that has always existed in the Villamonte complex. Sincerely, Morgan d Karen cc: George & Amy Ruther P.J. & Jean Jenick Turner 17.08.340 -- 17.08.365 repair, or maintenance of motor -given vehicles, or where such, vehicles are parked or stored for renumeration, hire or sale within the structure. (Ord. 91 -10 §1(part)). 17.08.340 Grade, existing. "Grade, existing" means the existing or natural topography of a site prior to con- struction. (Ord. 91 -10 §1(part)). 17.08.350 Grade, finished. "Grade, finished" means the grade upon completion of a project. (Ord. 91 -10 §1(part)). 17.08.360 Home occupation. "Home occupation" means an occupation, profession, activity or use that is conduct- ed within a dwelling unit and is meant to produce income or revenue, or any activity associated with a nonprofit orga- nization which: A. Does not produce noise audible outside the dwell- ing unit where such activity is taking place; B. Limits the amount of customers, visitors or per- sons, other than the occupants, to no more than five per day. In the case of day care, no more children than al- lowed by the state of Colorado license for a child care home (a state of Colorado license is also required to oper- ate a child care home); C. Does not cause the visible storage or parking of vehicles or equipment not normally associated with resi- dential use, which shall include but is not limited to the following: trucks with a rating greater than three- fourths ton, earth moving equipment and cement mixers; D. Does not alter the exterior of the property or affect the residential character of the neighborhood; E. Does not interfere with parking, access or other normal activities on adjacent properties, or with other units in a multifamily residential development; F. Does not require or allow employees to work on the property; G. Does not require alteration to the residence to satisfy applicable town fire or building codes, or county health regulations; H. Does not require or allow any signs to be visible from the outside of the property. (Ord. 98 -3 §VI: Ord. 91 -10 91(part)). 17.08.365 Home office. "Home office" means any occu- pation, profession or other activity, that takes place in a dwelling unit and is meant to produce income or revenue, or any activity associated with a nonprofit group or corpora- tion which: A. Does not produce noise audible outside the dwell- ing unit where such activity is taking place; 188 (Avon 4/98) TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 01 -04 A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT TO ESTABLISH A HOME OCCUPATION FOR A DAYCARE BUSINESS AT LOT 88, BLOCK 1, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Jennifer Lawler, owner of Lot 88C, Block 1, Wildridge Subdivision has applied for a Special Review Use permit to establish a home occupation for a day care business as described in the application dated April 24, 2001 as stipulated in Title 17.08.360 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 Special Review Use permit application; and WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered the following: A. Whether the proposed use otherwise complies with all requirements imposed by the zoning code; and B. Whether the proposed use is in conformance with the town comprehensive plan; and C. Whether the proposed use is compatible with adjacent uses. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby approves a Special Review Use for a day care home occupation as described in the application dated April 24, 2001 as stipulated in Title 17.08.360 of the Avon Municipal Code for Lot 88C, Block 1, Wildridge Subdivision, Town of Avon, Eagle County, Colorado, based upon the following findings: 1. That the proposed use otherwise complies with all requirements imposed by the Zoning Code. 2. That the proposed use is in conformance with the Town Comprehensive Plan. 3. The proposed use is compatible with adjacent uses. Subject to the following conditions: 1. No more than four (4) infants and toddlers per day are allowed. 2. Parking cannot interfere with access to the adjacent units. 3. No employees shall be allowed to work on the property on a regular basis. 4. A State of Colorado license for infant and toddler day care is required. 5. A Town of Avon Business License is required. ADOPTED THIS 5th DAY OF JUNE, 2001 Signed: Date: Chris Evans, Chair Attest: Date: Paul Klein, Secretary Sign Variance Staff Report June 5, 2001 Planning & Zoning Commission meeting Report Date May 29, 2001 Project Type Tenant Sign Legal Description Tract B -2, Block 2, Benchmark at Beaver Creek Subdivision Zoning PUD Address 230 Chapel Place, Units 208 and 209, Vail Valley Trading and Loan Introduction This is a summary of review criteria, comments and recommendations regarding the application for a variance for two tenant signs and the relocation of an existing cabinet sign for Vail Valley Trading and Loan. The application under consideration consists of two variances: 1. To allow two tenant signs located in the center archways of Building D at Chapel Square to exceed the allowed size requirements of the master sign program (MSP). 2. To allow the tenant to relocate a cabinet sign to the column between the archways. The proposed size of the two tenant signs are 2 feet 6 inches high by 12 feet 6 inches long. The MSP requires tenant signs to be 2 feet high by 10 feet long. All other requirements of the MSP will be satisfied on the two signs. The other part of the variance consists of relocating the existing cabinet sign, which contains the tenant's logo, on the post between the two archways. Attached to this report is a photograph indicating the location of the proposed sign. The proposed relocation of the cabinet sign does not conform to the MSP with regard to tenant signage. Also included as an attachment is a letter from the property owner requesting this variance. Design Review Considerations Approval Criteria (15.28.090 B 2) Before acting on a variance request, the Planning and Zoning Commission shall consider the following factors: a. The relationship of the requested variance to existing and potential uses and structures in the vicinity; b. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity; Tract B -2 Block 2, BMBC, Sign Variance June 5, 2001 Planning and Zoning Commission Meeting Page 2 of 2 Such other factors and criteria as the Commission deems applicable to the requested variance. 2. Findings Required (15.28.090 B 3) The Planning and Zoning Commission shall make the following findings before granting a variance: a. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity; b. That the variance is warranted for one or more of the following reasons: i. The strict or literal interpretation and enforcement of the regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the title; ii. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the vicinity; iii. 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 vicinity. Staff Recommendation Staff recommends approval of the sign variance due to the following reasons: 1. The tenant has a pre- existing sign that conformed to the sign code prior to redevelopment of the building. The proposed tenant sign will conform to all of the MSP program criteria with the exception of an increase of twelve square feet in overall sign dimensions. (15.28.090 B.3.b.ii). 2. The lease agreement is binding the landlord and this is the proposed compromise (15.28.090 13.3.b.ii). Respectfully submitted, Eric Johnson Addendum Chapel Square, LLC ( "Developer ") is hereby requesting a variance to the Master Sign Program for the Chapel Square development to accommodate the signage for Larry Kilstrup dba Vail Valley Trading and Loan ( "Tenant ") a tenant in Building D of the Chapel Square Development. History When Tenant leased its space almost five years ago, it installed the signage that currently exists on the building which was in compliance with the then approved sign program for the then "Avon Market Center ". At that time, Developer was in the general planning stages for the Chapel Square development. Nothing was absolute with regards to the re- development of Building D or the Chapel Square project as it is today. Needless to say, when Tenant executed its lease, the existing Master Sign Program was not contemplated. Analysis Tenant is of the opinion that it has the right to keep its existing red channel letter sign reading "Loans" and logo on the facade of the building because its rights are "Grand Fathered" in. Obviously, Developer would like Tenant to comply with the existing Master Program, but the situation is such, legally, that Developer may not be able to force Tenant to comply at this time. Solution After the aforementioned legal review of the situation, Tenant and Developer have agreed to a compromise whereby Tenant will remove its existing raceway and red channel letter sign reading "Loans ", and relocate its existing logo to another area on the building, provided, however, that a as condition to this change, the Town of Avon approves a minor variance in the Master Sign Program to allow for Tenant's oval bronze cabinet signs to be slightly larger then those currently allowed in the Master Sign Program. Because the archways in front of Tenant's store are larger than those elsewhere in the Building, Tenant would like to make its oval signs 12' 6" wide by 30" high making its signs proportional to the size of the archways in front of its store (please see color renderings attached hereto). Further, Tenant would like to relocate its existing logo to the area directly "above" the rock - covered column located in front of its store ( "above" meaning the bottom of logo to be no more than three (3) inches above top of rock column). We feel this is a reasonable compromise in that it lowers the logo to an area between the two oval cabinet signs and not high on the facade of the Building where there is no other signage. Summary In summary, if the Town of Avon allows for this variance, Tenant will remove its red channel letter sign reading "Loans" and replace it with new signs that match the other signs in the development in color, location and in shape. Also, if this variance is approved, Tenant will relocate its logo to an area more conducive with the other signage further enhancing the overall aesthetics of Building D. 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