L3 Sunroad Variance setbackTown of Avon
Final Design &
Variance Staff Report
September 2, 1997, Planning & Zoning Commission meeting
Report date
December 20, 2019
Project type
Parking lot modification
Variance type
Parking lot in front yard setback
Legal description
Lot 3, Block 1, Sunroad Subdivision
Zoning
TC-Town Center
Address
0011 W. Beaver Creek Boulevard
Introduction
1st Bank has applied for a parking lot modifiction to shift the existing parking lot three feet six inches to the east. THe purpose of the modificaiot is to provide room for snow shedding
off the roof. It is an existing condition that is dangerous to the bank custormers. THe parking lot will be shifted and a new sidewakl wil be constructed outside the snow shed area.
The variance request is to allow a 4 foot encroachment 15 feet in length into the 10 foot parking lot setback.
Variance Review Considerations
Staff reviewed the variance request with respect to the Section 17.36.040, of the Avon Municipal Code, which sets the following criteria by which the Planning & Zoning Commission shall
consider the requested variance:
The relationship of the requested variance to other existing or potential uses and structures in the vicinity.
THe variance request is to allow the parking lot to encroach into a very small area. It will not impact other exisitng uses or structures. The adjacent area is well landscaped and
will not impact the functioning of the adjacent Avon Road and roundabout.
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.
Such other factors and criteria applicable to the proposed variance.
Not applicable.
Required Findings for a Variance
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:
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;
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;
That the variance is warranted for one or more of the following reasons:
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;
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;
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 for Requested Variance
Staff believes the requested variance satisfies the required findings listed above. Therefore, we recommend granting the requested variance with the condition that no retaining wall
shall exceed 6 feet in height within any setback.
Recommended Motion for Requested Variance
Approve Planning & Zoning Commission Resolution 97-9, granting a variance for Lot 5, Block 4, Wildridge Subdivision to place structural stone retaining walls in the front and side yard
setbacks as depicted in the plans dated “Received” July 30, 1997, based upon findings A., B., C.1, C.2, & C.3 with the following condition:
That no structural retaining walls shall exceed 6 feet in height within any setback.
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:
Conformance with the Zoning Code and other applicable regulations of the Town.
Allowed use: Conforms with the allowed residential use.
Density: Duplex use conforms with this lot’s 2 dwelling unit designation.
Lot Coverage: The proposed 9% of building coverage conforms with the 50% maximum.
Setbacks: Retaining walls greater than 4 feet in height require grants of variance.
Easements: No proposed encroachments and proposed grading in the 10' Slope Maintenance and Snow Storage Easement is acceptable.
Building Height: The largest scaled height of 34.5 feet on the front elevation conforms to the 35 foot height limit. Diligence will be required during construction to ensure the structure
will not exceed the height limit.
Grading: All proposed slope grades conform with the maximum of 2:1 slope guidline. Staff believes the actual driveway grades will be somewhat steeper than the plans indicate. However,
the driveway grades should still conform to Town standards.
Parking: The 4 garage and the 2 surface parking spaces conform to the required 6 spaces. Staff believes that the southern unit’s garage access and turnaround area is marginal, but acceptable.
Additionally, the site plan should reflect the cross-sections' depiction of a 13 foot wide driveway.
Snow Storage: Submitted plans show snow storage area equal to the minimum standard of 20% of the proposed impermeable surface area.
Landscaping: Submitted landscape plan appears generally suitable. However, staff recommends placing trees in the south’s units front yard area to screen and soften the front elevation.
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 structures will be constructed of materials that are compatible with the criteria of the town guidelines. The proposed exterior light fixtures present the potential to cause offsite
glare and light trespass concerns. Staff suggests different fixtures be provided.
The compatibility of the design to minimize site impacts to adjacent properties.
The proposed project will have minimal site impacts upon adjacent properties.
The compatibility of the proposed improvements with site topography.
The Steep Slope Development Guidelines require projects on slopes exceeding 30% to provide a design solution which fully addresses the site’s steepness and the likely environmental impacts
caused by construction on these steep sites. It is most likely that stepping the foundation with the slope could reduce the project’s structural wall retainage. However, because the
structure’s axis runs generally parallel with the slope, staff believes this project is generally compatible with the site’s topography.
The visual appearance of any proposed improvement as viewed from adjacent and neighboring properties and public ways.
The project’s materials, massing and architectural design should present a generally compatible appearance with the neighborhood.
The objective that no improvement be so similar or dissimilar to others in the vicinity that values, monetary or aesthetic will be impaired.
The project should appear generally compatible with the Wildridge Subdivision.
The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon.
This project generally conforms to the adopted Goals, Policies, and Programs for the Town of Avon.
Recommended Action for Design Review
Based upon the project’s general conformance with the above criteria, staff recommends Final Design approval with conditions.
Recommended Motion for Design Review
Approve the Final Design of the duplex for Lot 5, Block 4, Wildridge Subdivision as depicted on the plans dated “Received” July 30, 1997, with the following conditions:
All flues, flashing and galvanized metal will be painted to match surrounding materials.
All meters will be placed upon the building.
Automatic irrigation system will be installed.
During construction, a 2" deep gravel base of 3/4"aggregate shall be applied to the first 20'of the driveway, and shall remain until the driveway is paved.
Revised driveway grades be provided at the time of building permit submittal.
Revised exterior light fixtures that minimize the potential for off-site glare and light trespass be presented for staff review.
The driveway be a minimum of 12 feet wide.
Trees shall be placed in the south unit’s front yard area.
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.
Respectfully submitted,
George H. Harrison
Planner
Planning & Zoning Commission Action
( Approved as submitted ( Approved with conditions (noted below)
( Denied ( 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):
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Signed:
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Andrew Karow, Chair
Attest:
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Sue Railton, Secretary