L1 B1 BMBC Variance and ModificationTown of Avon
Variance & Final Design
Review
Staff Report
May 6, 1997 Planning & Zoning Commission meeting
Report date May 1, 1997
Project type Site modification and extension of pump island canopy
Variance type Encroachment of the 25 ft. Front Yard Setback
Legal description Lot 1, Block 1, Benchmark at Beaver Creek Subdivision
- Coastal Mart
Zoning Neighborhood Commercial (NC)
Address 0063 Nottingham Road
Introduction
The Commission reviewed a preliminary version of this proposal on April 1, 1997, to provide
staff with guidance regarding this project's potential impacts on the roundabout construction
project. The applicants now request Final Design approval of the site modification and expansion
of the pump island canopy. The proposal includes a request for variance to extend the gas pump
island canopy 19 feet into the 25 foot front yard setback.
The proposed site modification would provide the following:
• new curb and gutters, creating three distinct access points
• the relocation slightly to the east of one existing gasoline pump on the northern most island
• the addition of one pump to the center island
• the expansion of the asphalt tarmac
• the expansion of the pump island canopy.
As a reminder, this application will require a public hearing and review of the requested variance,
action on P&Z Resolution 97-5, then review and action on the project's Final Design. The
following report details the review criteria and consideration and required findings for both the
variance and final design.
Variance 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:
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The relationship of the requested variance to other existing or potential uses and structures in
the vicinity.
The existing canopy enjoys the same variance being requested for its proposed extension.
Granting the variance for the extension will allow the extension to be compatible with the
existing canopy.
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.
According to the applicant, a grant of variance is necessary to add the canopy extension,
which in turn will allow relocation of the pump island closest to the street, improving access
from Nottingham Road as well as on site circulation. Staff concurs with this assessment.
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.
The canopy expansion is not expected to affect any of the items listed above. Creation of
distinct access points, however, will mitigate current access problems.
4. Such other factors and criteria applicable to the proposed variance.
The applicant further states that the canopy extension will benefit customers by providing
better weather protection, and increased safety due to additional lighting.
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.
Design Review Considerations
According to the Commission's Procedures, Rules & Regulations, Section 6. 10, the Commission
shall consider the following items in reviewing the design of this project:
1. Conformance with the Zoning Code and other applicable regulations of the Town.
Except for the requested front yard setback variance, the site modification and pump island
canopy expansion conform with the Zoning Code and other applicable regulations.
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2. The suitability of the improvement, including type and quality of materials of which it is to be
constructed and the site upon which it is to be located.
The canopy expansion will match the existing canopy in color, materials (including light
fixtures) and height.
3. The compatibility of the design to minimize site impacts to adjacent properties.
The current access is poorly defined, allowing vehicles to enter and exit from random points.
This results in unpredictable and often hazardous turning movements on Nottingham Road.
Defining three distinct access points should reduce conflicts between traffic accessing the
sight and Nottingham Road.
4. The compatibility of the proposed improvements with site topography.
N/A.
5. The visual appearance of any proposed improvement as viewed from adjacent and neighboring
properties and public ways.
See Consideration #2.
6. The objective that no improvement be so similar or dissimilar to others in the vicinity that
values, monetary or aesthetic will be impaired.
See Consideration #2.
7. The general conformance of the proposed improvements with the adopted Goals, Policies and
Programs for the Town of Avon.
The proposed design modification and canopy expansion appear to conform with the adopted
Goals, Policies and Programs of the Town of Avon.
Staff Recommendation
This project, as presented, requires a grant of variance to expand the pump island canopy 19 feet
into the 25 foot front yard setback in addition to the action on the site modification Final Design.
Staff recommends granting the variance and approving the Final Design.
Recommended Motions
Motion #1: Approve Planning & Zoning Resolution #97-5, granting a variance for Lot 1, Block
1, Benchmark at Beaver Creek Subdivision to expand the pump island canopy 19 feet into the 25
foot front yard set back as depicted on the plans dated "Received" April 14, 1997, based upon the
following findings:
A. That the granting of the variance does 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 does 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 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;
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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.
Motion #2: Approve the site modification Final Design for Lot 1, Block 1, Benchmark at Beaver
Creek Subdivision as depicted on the plans dated "Received" April 7, 1997, with the following
conditions:
1. All flues, flashing and galvanized metal will be painted to match surrounding materials.
2. Automatic irrigation system will be installed.
3. During construction the first 20 feet of the drive will have at least 2 inches of 3/4" rock.
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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Planning & Zoning Commission Action
[J 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
Jack Hunn Chair
est:
Sue Railton, Secretary
Date
Date
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