Decision for Malahide LLC Appeal for Lot 111C Block 1 WildridgeAvon
COLORADO
AVON TOWN COUNCIL
FINDINGS OF FACT AND RECORD OF DECISION
MALAHIDE LLC APPEAL OF PLANNING AND ZONING COMMISSION
DECISION FOR LOT 111C, BLOCK 1, WILDRIDGE, AVON, COLORADO
DATE OF DECISION: August 13, 2019
APPLICATION TYPE: Appeal of Variance
FILE NUMBER: VAR19oo1
PROPERTY LOCATION: Lot 111C, Block 1, Wildridge, Avon, Colorado
APPELLANT/APPLICANT/OWNER: Malahide LLC
FINDINGS:
1. The property is part of Lot 111, Block 1, Wildridge Subdivision; a PUD Amendment
was approved by the Avon Town Council by [Ordinance No., 99-8] to create the
Beaver Creek Point PUD (the "PUD"), attached hereto as Exhibit A.
2. The PUD Guide, attached hereto as Exhibit B, establishes unique development and
design standards for the development of five single family homes and common
landscaping.
3. Lot 111, Block 1, Wildridge was resubdivided into five single family properties
pursuant to the PUD Guide; the subdivision created a common access and
maintenance easement for driveway construction as well as individual building
envelopes.
4. The PUD Guide's Development Notes state "any issue not addressed by the PUD
approval granted hereby shall be governed by the Town of Avon Zoning Code."
5. The Town of Avon Development Code, Title 7 of the Avon Municipal Code (the
"Code"), is the governing zoning code for the Town.
6. According to Section 7-16.110 of the Code, a variances from certain regulations may
be granted in order to prevent or to lessen such practical difficulties and unnecessary
physical hardships inconsistent with the objectives of the Code as would result from
strict or literal interpretation and enforcement.
7. A variance application, attached hereto as Exhibit C, was submitted by Malahide,
LLC, owners of record for Lot 111C, Block 1, Wildridge Subdivision, for installation
of solar related improvements.
8. Staff referred the application to the Planning and Zoning Commission (the "PZC")
for a decision as provided by Section 7.16.11o(a) of the Code.
9. On June 4, 2019, the PZC conducted a public hearing to review the Applicant's
variance request based on conflicts with the standards set forth in the Code,
specifically:
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a. The granting of the variance would constitute a grant of special privilege
inconsistent with the setback limitations on the other properties in the PUD
and surrounding community;
b. The granting of the variance would be minimally detrimental to the public
health, safety or welfare or materially injurious to properties or
improvements in the vicinity;
c. The enforcement of the building envelope regulation would not result in
practical difficulties inconsistent with the Code; and
d. 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 vicinity.
The Applicant submitted a timely appeal pursuant to Section 7.16.16o of the Code.
The Avon Town Council (the "Council") conducts a de novo review of the original
Malahide LLC application. This appeal is limited to review of the PZC's denial of the
installation of the solar related improvements. The Council has considered all
materials submitted by the Applicant, materials submitted by Town staff, and
materials submitted by the public, in addition to relevant portions of the Code and
PUD in determining the findings of fact.
The Council does not adopt the findings of the Planning and Zoning Commission as
described in Paragraph 9 above and makes the following substitute findings:
a. The variance is not necessary to achieve relief from the provisions of the PUD
in order to achieve compatibility and uniformity of treatment among sites in
the vicinity or to attain the objectives of the Code without grant of special
privilege. Each lot within the PUD is nearly the same size, and enlarging the
applicant's building envelope is not necessary to achieve compatibility with
other building envelopes within the PUD. Other objectives of the Code may
be harmed by granting the variance, including 1) establishing standards to
which buildings or structures shall conform; 2) conserving the value of the
investments of the people of the Avon community; 3) preserving scenic
views; and 4) preserving property values;
b. The variance will have minimal impact on light and air, distribution of
population, transportation and traffic facilities, public facilities and utilities
and public safety;
c. Granting the variance will constitute a special privilege to the Applicant
inconsistent with the limitations on other properties within the PUD. The
other property owners within the PUD are restricted to their respective
building envelopes, no matter what improvements they may want to build or
install, and the Applicant's desire to install specific solar improvements
beyond the boundaries of its building envelope is not a reasonable basis upon
which to grant a variance;
d. 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;
e. The strict, literal interpretation and enforcement of the specified regulation
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will not result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of the Code. The Applicant's own material
indicates other approaches to installation of a solar energy system are
available to the Applicant. Cost or inconvenience to the Applicant of strict
or literal compliance with a regulation does not provide grounds for granting
a variance.
f. 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. The building envelope size is nearly identical to
the other building envelopes within the PUD.
g. 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 zone district. No showing has been made that
enforcement of the building envelope would deprive the Applicant of
privileges enjoyed by other properties within the PUD. The Applicant has
the ability to install solar improvements within the building envelope, but
nothing in the Code provides the Applicant the right to install as many solar
energy devices on its property as it desires.
12. DECISION: Based upon the Findings of Fact, the Council hereby DENIES the
Applicant's appeal, thereby denying the installation of the building improvements
beyond the boundaries of the relevant building envelope.
APPROVED BY MOTION on August 13, 2019.
AVON TOWN COUNCIL
AVON/TOWN QOUN
By:
Sarah Smith Hymes
Attest: 9--% . e s
Brenda Torres. Town
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