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L111C B1 WR Appeal Denial Council Decision 081319Exhibit A Exhibit B $500 Deposit VAR19001 M. PIELSTICKER Exhibit C Narrative On August 21, 2018 an Avon Planning and Zoning Committee finding stated “the design of the storage addition and deck relates the development to the character of the surrounding community which is composed of steep gabled roof forms with shake shingles….” and approved phases 1 and 2 of our 3 phase solar project to be built entirely within our PUD building envelope approved in 1999. Phase 1 is a deck; phase 2 is a garage‐like storage area under the deck and phase 3 is a rake style roof with solar panels attached to the roofing structure. After appealing the PZC’s rejection of phase 3 to the Avon Town Council, it was ruled that we could reapply with a gable roof design supporting the solar panels. When the roof was redesigned entirely within the approved building envelope, it would only accommodate a lot smaller solar system that would not be cost effective. Therefore, our new application is for a variance to build about 6 feet further to the south and about 6 feet to further to the east. If the variance is granted, the gable roof structure will support about 25 solar panels that would provide most of the electrical energy requirements for the house and two electric vehicles. It also makes phases 1 and 2 more useable. This is the best design of many alternatives that were examined. The proposed variance will allow for a smaller gable roof structure than other alternatives examined and is the design that best harmonizes with the existing roof lines in the PUD. When completed it will look like original construction. From the street passers by will see only the narrow edge of the new roof. This profile is much less intrusive than roof mounted panels facing the street and scattered on the existing roof that has 9 dormers. Aspen and pine trees in the yard of our Exhibit C neighbor to the southwest (2019 Beaver Creek Pt.) will obscure his view of the roof as well as that of people driving north on Beaver Creek Point. If this variance is approved, 2019 Beaver Creek Pt. will still be more than 50’ away from 2011 Beaver Creek Pt. Other homes in the PUD are about 20’ apart. As is typical in any residential development, each of the five single family homes in the PUD has views of neighbors’ roofs and decks. Our roof is not adding an alien or foreign element to the PUD. Upon completion with the variance, the structure would still be nearly within the normal Wildridge and PUD setbacks of 10’ for side and back yards. Our annual electrical consumption is approximately 13,500kWh. The proposed variance supports a 25 panel solar array that will offset our electrical usage for both our home and our two electric vehicles. This 9 kWh system using 360 KW panels might get us to our goal of net zero energy use and is the most productive however using 300 kWh panels may be more cost effective. It is not an option to mount a solar array in our back yard because it faces the Beaver Creek Point street. Avon does not permit ground mounted solar installations to face the street. It is also not a viable option to mount solar panels on our existing 19 year old flammable shake roof. It would be problematic to keep the roof water tight with the required penetrations and the nine dormers that break up the roof to the extent that a large, neat installation is impossible. All the dormers also make the roof subject to snow buildup that will not self‐shed snow during the winter that could easily render many panels ineffective a large part of the time. Snow will self‐shed off the proposed gable roof and on to our property. Exhibit C Dormers, roof vents and the Fire Department’s requirement for 3’ of clearance around solar panels installed over occupied space combine to limit the number of panels that can actually be installed on the existing roof. Roger Day of Roger J. Day & Associates has concluded that only 12 panels are feasible on the existing roof. This is more than 50% less output than the proposed variance design. If an existng roof installation was required, it would add considerable cost to this project because it would only be feasible if the roof was first replaced before installing the panels. According to Sunlight Roofing Inc., we would have to spend between $26K and $58K to replace an existing roof that may last another 10 years if untouched. Sunlight Roofing also ‘does not advise that solar panels be installed over existing roofing, best service performance of solar systems are calculated when installed over new roof coverings.’ Active Energies Solar and Sunsense Solar representatives also advised us against installing the solar array on the existing roof. Furthermore, replacing the roof would further delay the project while our uncooperative HOA approved a new roofing material. That process would most likely go beyond the end of the year and the solar credits currently available would be lost. They are scheduled to expire at the end of 2019. Our variance design will result in a very straightforward, simple solar installation that both mimics the existing architecture and is innovative at the same time. It will allow us to reduce our carbon footprint and do our part to combat climate change. Pages of prior applications for solar installations in Avon and in the Wildridge neighborhood are included with this application as evidence and precedent that other solar installations have applied for and received approval for Exhibit C variances in order to enable solar installations that address specific site conditions and circumstances. Exhibit C Review Criteria. The PZC shall use the following review criteria as the basis for a decision on an application for a variance: (1) The degree to which relief from the strict or literal interpretation and enforcements of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of the Development Code without grant of special privilege; Minor relief from the regulation is required in order to fulfill the objectives of the solar project to generate sufficient power to meet the home’s electrical needs as well as power 2 electric vehicles. The big goal is for the home and owners to reduce reliance on fossil fuels and adopt a more sustainable lifestyle that can serve as an example and precedent for other Avon community members to follow. The degree of relief being sought consists of a minor encroachment into the setbacks of the lot that will have minimal impact to neighbors and public property. A new gable roof is proposed to accommodate solar panels to meet the owners’ electricity needs. In order to make the installation viable, the proposed roof encroaches into the setbacks by about 6ft to the east and 6ft to the south. The existing 19 year old flammable shake roof with ni ne dormers and numerous roof vents does not have enough non shaded roof space that does not collect wind drifted snow to install the number of solar voltaic collectors needed to offset the number of Kilowatts required for the home’s electrical needs and the charging of two electric vehicles. This, plus the Fire Department’s 3’ clearance requirement for solar panels located over occupied space, limits the number of potential roof panels to 12. This amount is less than half of the 25 that can be accommodated on the proposed gable roof enabled by the minor Exhibit C encroachment proposed. Twelve panels only offset 40%** of the homeowners’ annual electrical usage and render the installation non viable. Every consultant, engineer and installer that has been involved in the project has recommended against installing solar voltaic panels on the existing roof due to the limitations. Besides the fact that not enough panels can be installed to make the project cost effective, the existing roof would be problematic to keep watertight. The electrical conduit running between the numerous, small arrays would not be attractive. The new roof will also protect occupants on the approved deck from the sun’s cancerous rays and other elements. Also very importantly, the gable roof design harmonizes with the existing architecture in the PUD and of the existing home. The proposed gable roof has been specifically designed so the project will achieve compatibility and uniformity with the existing architecture of the home and other homes in the neighborhood. It will look like original construction and less like an add-on than some other solar installations in Wildridge (pedestals on flat roofs, large visible ground mounted systems, etc.). The solar roof is just another roof…. composed of a non-typical material. The roof is non-reflective and not an obtrusive or foreign element in the PUD or neighborhood. The 25- panel array that the variance contemplates will supply most of the electrical requirements for the homeowners’ home and two electrical cars, if more productive but less cost effective 360 KW panels are used. If 300 KW panels are used it is more cost effective and will produce 80% of the KW used by the home and electric cars. **Energy use calculations do not take into consideration t he amount of shading or snow build-up both of which have negative impacts on the solar output of panels installed on the existing roof. Exhibit C (2) 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 proposed minor variance to build outside the approved building envelope would have zero effect on any of the above listed items. The small variance of about 6’ to the east and 6’ to the south would still be nearly within normal Wildridge setbacks of 10 feet for side and back yards. If approved, the variance still provides more than 50 feet of space between the applicants’ house and the house to the southwest. Homes in the PUD are about 20 feet apart. Arguably, in the broader context of the neighborhood and the community, the project will reduce impacts to the environment given a reduced reliance on fossil fuels. These merits should be considered in the evaluation of the variance request since they are the basis for the proposed gable roof and the overarching purpose of the proposal. (3) Such other factors and criteria related to the subject property, proposed development or variance request as the decision-making body deems applicable to the proposed variance. From a functional, cost effective and aesthetic perspective, the small variance is the best option for the property. With the proposed gable roof, the solar array would be barely visible from the street. The narrow edge of the gable roof facing the street is less visually obtrusive than other solar installations found in Avon including street facing roof mounted panels, very visible ground mounted solar arrays or panels mounted on pedestals on flat roofs. The 25-panel array on the proposed gable roof would provide the necessary power output for the property owners’ needs and would be in one concentrated location vs multiple Exhibit C existing roof locations with lots of exposed electrical conduit connecting numerous solar arrays and disrupting the continuity of the existing roof of the home. Snow will not shed from panels installed on the existing roof creating a major limitation and safety concern whereas snow will self-shed onto the property owners’ own land if the variance is granted. The proposal has been very carefully studied and devised to minimize impacts to other neighbors and adjacent lots while maximizing the opportunity to generate solar power for greater reliance on renewable energy at this home. It is the applicants’ hope that given the careful consideration and sensitive manner in which the revised proposal has been elaborated and the nature of the proposal to adopt solar panels and renewable energy, the Planning and Zoning Committee will carefully consider the minor setback encroachments that are the basis of the variance request. It will take numerous small steps like this proposed variance to accommodate a cost effective solar project to meet the new Climate Action goals proposed and passed in the last legislative session to achieve 90% reduction in carbon by 2050. Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C ADDRESS LIST 2300 Beaver Creek Point Laurie Baker PO BOX 6274 AVON, CO 81620-6274 2300 Saddle Ridge Loop Mickey & Debra Brethower Family Trust 510 Cimarron Hills Trl W Georgetown, TX 78628-6944 2100 Saddle Ridge Loop 2200 Saddle Ridge Loop Nancy and Randy Williams 6557 Kirby Forest CV Memohis, TN 38119-6629 2185 Saddle Ridge Loop Matthew Asmus 8707 Crescent Gate Lane Houston, TX 77024-7029 2190A Saddle Ridge Loop Ziegler Real Estate INC C/O Chad Ziegler PO Box 6272 Vail, CO 81658-6272 2190B Saddle Ridge Loop Brittany Benish PO Box 3009 81620-3009 2170A Saddle Ridge Loop Michael & Karen Weiss 4860 Griffen Blvd Fort Myers, FL 33908-2016 2170B Saddle Ridge Loop Jacob Brege PO Box 1752 Avon, CO 81620-1752 Exhibit C 2170C Saddle Ridge Loop Michael Dalton Declaration of Trust 1205 Arrowhead Drive Bubuque, IA 52003-8595 2170D Saddle Ridge Loop Syeve Rosiek 4819 Meandering Way Colleyville, TX 76034-4521 2170E Saddle Ridge Loop Young Properties LLC C/O Mountain Stream Management PO Box 2636 Vail, CO 81658-2636 2177 Saddle Ridge Loop LLC PO Box 741 Avon, CO 81620-0741 2110A Long Spur Narry Bennett & Linda Billera 1409 Pine View Place Golden, CO 80401-9272 2110B Long Spur Thomas & Annette Noonan 15610 Logarto Lane Burnsville MN 55306-5135 2111A Long Spur David Slick PO Box 1706 Avon, CO 81620-1706 2013 Beaver Creek Point Hugh A. Joyce & Temple Joyce 16463 West Crescent Lane Montpelier, VA 23192 Exhibit C 2011 Beaver Creek Point Tom Ruemmler & Judy Douglas Box 2726 Avon, CO 81620 2003 Beaver Creek Point Paul Nowak Laurie Nowak 2606 S. Milwaukee Street Denver, CO 80210 2001 Beaver Creek Point David Scherpf & Mary Ann Scherpf P.O. Box 8789 Avon, CO. 81620 2019 Beaver Creek Point Lisa and Doug Currey PO Box 8219 Avon, CO 81620 Exhibit C Exhibit C Exhibit C FILE #VAR19001 – SUPPLEMENTAL INFORMATION •DR. SCRIPT FOR HOT TUB •2190B SADDLERIDGE LOOP 2015 GROUND SOLAR PANEL APPROVAL - portions of application •2190B SADDLERIDGE LOOP 2017 ROOF SOLAR PANEL APPROVAL - portions of application •2807 SHEPHERD RIDGE VARIANCE - portions of application •5588 COYOTE RIDGE 2010 GROUND MOUNTED SOLAR HOT WATER APPROVAL - portions of application Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C