L46 B3 WR Variance retaining wallTown of Avon
Variance Staff Report
April 7, 1998, Planning & Zoning Commission meeting
Report date
December 20, 2019
Variance type
Structural Retaining Wall in Front Yard Setback
Legal description
Lot 46, Block 3, Wildridge Subdivision – Schneider Residence
Zoning
Planned Unit Development (PUD) – 2 units
Address
4765 West Wildridge Road
Introduction
The applicant is requesting a grant of variance to place a structural retaining wall in the 25-foot front yard setback. A survey error while staking the building for excavation lowered
the project approximately 5 feet below the elevations the approved building permit plans indicated. As a result, the amount of retainage required for the driveway necessitates increasing
the retaining wall height from 4 feet to slightly over 6 feet at its tallest point. It should be noted that to reduce the retaining wall’s height, the applicant is also proposing a
slight cut in the 10 foot Slope Maintenance, Drainage & Snow Storage Easement.
The retaining wall will be constructed primarily of stone with a 37-foot length of concrete directly behind the garage to maintain adequate backing distance.
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. Staff reviewed
the variance request with respect to the these criteria:
Since the retaining wall is hidden beneath the roadway, it will not visually encroach on the West Wildridge Road streetscape. The residence should also screen the wall from neighboring
properties.
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 The relationship of the requested variance to other existing or potential uses and structures in the vicinity.
special privilege.
A primary objective of front yard setbacks is to create a minimum distance structures are located from the adjacent public road, to maintain an appealing streetscape pattern that
prevents structures from “crowding” the public streets. Because the retaining wall is below the street level and not visible from West Wildridge Road, it will not violate the front yard
setback objective.
The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety;
Staff suggests placing a barrier such as split rail fence or shrubbery directly above the retaining wall’s tallest portions. The barrier would not keep a person or vehicle from falling
off the wall, but would provide a visual warning of the wall’s presence.
Such other factors and criteria applicable to the proposed variance.
The concrete portion of the wall should blend visually as much as possible with the surrounding rock retaining wall. This could be achieved by using colored concrete, with a textured
surface. This is would be more durable than a colored stucco treatment.
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:
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
Based upon the proposed variance’s compatibility with the above approval criteria, staff recommends approval of Planning & Zoning Commission Resolution # 98 – 2.
If you have any questions regarding this or any other project or community development issue, please call me at 748-4030, or stop by the Community Development Department.
Respectfully submitted,
George Harrison
Planner
Planning & Zoning Commission Action
Variance granted as submitted ( ) Variance granted with recommended conditions ( )
Approved with modified conditions ( ) Continued ( ) Variance Denied ( )
Withdrawn ( )
Date ________________ Sue Railton, Secretary _______________________________
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