L31 B1 WR Height VarianceTown of Avon
Variance Staff Report
November 5, 1996 Planning & Zoning Commission meeting
Report date November 1, 1996
Variance type Height Variance
Legal description Lot 31, Block 1, Wildridge Subdivision - Mach Duplex
Zoning Planned Unit Development (PUD) - 2 units
Address 2170 Long Spur
Introduction
On September 5, 1995 this duplex received Final Design approval. The project has subsequently
been permitted and is currently seventy percent framed.
During construction, the applicant has deviated from the approved design (please refer to the
third sheet of the attached 11" x 17"`s, bottom elevation for the original approved design). Both
of the taller ridge lines perpendicular to the rear elevation have been constructed as gabled ends
as opposed to the approved hipped ends. Additionally, the tower element on unit B (the southern
unit) has been modified to feature a gabled element as opposed to the approved hipped design.
The extension of these roof ridges over the site's falling slope have caused both units to exceed
the 35 foot height limit by approximately two (2) feet.
Unit A Gabled End Unit B Gabled End
Ridge Height: 135' Ridge Height: 133.6'
Unit A existing Unit B existing
topography: - 98' topography: - 97'
Height 37' Height 36.6'
After the unapproved design modifications and their related height violations were identified,
formal design modifications and related variance requests were submitted. The proposed
modifications (identified on the first sheet of the attached 11" x 17" as solutions "1") would
retain the two existing, unapproved gabled ends on unit B. The tallest ridge would require
approval of a 1.6' variance. Unit A would be modified to change the existing unapproved gabled
end to a tudor hipped element, requiring a 1.2' variance.
On the chance that these design modifications and related variance were not approved, the
applicant has also provided a subsequent alternative modifying the gabled roof on unit B to a
Town of Avon Community Development j:\p&z\1996\110596\31 b1wrvr.doc
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Lot 31, Block 1, Wildridge Subdivision, Variance and Design Modification Review, page 2
November 5, 1996 Planning & Zoning Commission meeting
tudor hipped element to match the one proposed for unit A (please refer to the third sheet of the
11" x 17"`s, top elevation). This second proposed alternative would still require a 1.6' variance.
Staff Comments
The staff reviewed the variance request with respect to the following criteria:
1. The relationship of the requested variance to other existing or potential uses and structures in
the vicinity.
Though the proposed design modifications do not increase the obstruction of views from
neighboring properties, the proposed gabled ends on unit B do cause the rear elevation to
appear taller giving the structure an apparent greater overall mass. The proposed tudor hipped
element on unit A is more in style with the duplex's overall design theme. However, as
mentioned above in the introduction, this alternative would require a height variance of 1.2'.
As a result of these modifications and their related variances to cause the structure to appear
taller and more massive, these modifications and variance lessen this project's compatibility
with the surrounding neighborhood.
2. The degree to which relief from a strict or literal interpretation and enforcement of a specified
regulation 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.
The need for any of the proposed variances is clearly the result of actions taken by the
applicant and not due to some unique circumstance of the site. The approved design meets
the height and the other Town design standards. The proposed modifications, as well as the
proposed alternative modifications, do not. The existing unapproved modifications were
undertaken to provide greater volume for the duplex's interior spaces and not done to
overcome some unique difficulty or special condition of the site. Therefore, the requested
design modifications and variances do not provide relief from an unequal treatment or special
circumstance.
3. The effect of the requested variance on light and air, distribution of population, transportation
and traffic facilities, public facilities and utilities and public safety;
Not applicable.
4. Such other factors and criteria applicable to the proposed variance.
The granting of either design modifications and the associated variances fail to satisfy the
criteria for granting a variance. Enforcement of the height limits for this project do not create
a practical difficulty or unnecessary physical hardship, as the applicant deviated from
approved conforming plans on his own accord. There are no exceptional or extraordinary
circumstances or conditions of this site not found on other sites in the vicinity. Lastly, the
applicant returning the structure to the original conforming design does not deprive him of
certain privileges enjoyed by other property owners in the vicinity. Indeed, the granting of
this variance would appear to constitute a grant of special privilege. Granting a variance
because of financial hardship created by the applicant himself would thus legitimize the
practice of changing design, going beyond the established building perimeters of the Town of
Avon and then asking for approval due to the expense of returning the project to conforming
dimensions. An approved plan not requiring a variance exists and is buildable.
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Lot 31, Block 1, Wildridge Subdivision, Variance and Design Modification Review, page 3
November 5, 1996 Planning & Zoning Commission meeting
Approval Criteria
According to the Section 17.36.040, the Avon Municipal Code, the Planning & Zoning
Commission shall consider the following factors with respect to the requested variance:
A. The relationship of the requested variance to other existing or 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, or to attain the objectives of this title without grant of special privilege;.
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;
D. Such other factors and criteria as the Commission deems applicable to the proposed variance.
Findings Required
According to Section 17.36.050 of the Avon Municipal Code, the Planning & Zoning
Commission shall make the following written 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 classified in the same district;
B. That the granting of the variance will not be detrimental to the public health, safety or welfare,
or materially injurious to properties of improvements in the vicinity;
C. That the variance is warranted for one or more of the following reasons:
1. 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;
2. 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 same zone;
3. The strict or literal interpretation and enforcement of the specified regulation deprive the
applicant of privileges enjoyed by the owners of other properties in the same district.
Recommended Action
The Town of Avon Zoning Code stipulates that a variance can only be granted if it satisfies one
or more of the three reasons listed above while not constituting a grant of special privilege nor
jeopardizing such things as public health, safety or welfare, or other properties in the vicinity.
Neither the requested modifications and their associated variances nor the proposed alternative
satisfy these criteria for making such findings. An approved design exists that is both functional
for the applicant and does not require the granting of a variance from the Town of Avon's Zoning
Code. Staff, therefore, recommends denial of the proposed design modifications and their related
request for a height variance.
Town of Avon Community Development j:\p&z\1996\110596\31 b1wrvr.doc
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Lot 31, Block 1, Wildridge Subdivision, Variance and Design Modification Review, page 4
November 5, 1996 Planning & Zoning Commission meeting
Recommended Motion
Approve Resolution 96-10 denying the requested design modifications and variance as presented
on the plans dated "received" October 21, 1996 for Lot 31, Block 1, Wildridge Subdivision -
Mach Duplex, based upon the following findings:
1. The strict, literal interpretation and enforcement of the 35 foot height regulation will not
result in a practical difficulty or unnecessary physical hardship.
2. There are no exceptional or extraordinary circumstances or conditions applicable to the site
of the variance that do not apply generally to other properties in the same zone district.
3. The strict or literal interpretation and enforcement of the specified regulation will not deprive
the applicant of privileges enjoyed by the owners of other properties in the same district.
4. The granting of these variances will constitute a grant of special privilege inconsistent with
the limitations on other properties classified in the same district.
If you have any questions regarding this or any other project or community development issue,
please call me at 949-4280 (extension 139), or stop by the Community Development
Department.
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Lot, Block, Subdivision, Review, page 3
DATE Planning & Zoning Commission meeting
Planning & Zoning Commission Action
❑ Approved as submitted
Denied
❑ Approved with conditions (noted below)
❑ Tabled
❑ Withdrawn by applicant
Conditions of approval, reasons for tabling or withdrawal of application, or basis for denial (refer
to code or guidelines by number):
Signe
Date 1) 'S
Jack
Date
Sue Railton, Secretary
Town of Avon Community Development
(970) 949-4280Fax modem (970) 949-5749
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