L19 B3 WR Variance retaining wallTown of Avon
Variance Staff Report
July 7, 1998, Planning & Zoning Commission meeting
Report date
December 20, 2019
Variance type
Structural Retaining Wall in Front Yard Setback
Legal description
Lot 19, Block 3, Wildridge Subdivision – Small Residence
Zoning
Planned Unit Development (PUD) – 2 units
Address
4765 West Wildridge Road
Introduction
The applicant is requesting a grant of variance for a structural retaining wall located in the 25-foot front yard setback. 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.
The retaining wall is constructed of boulders.
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:
The relationship of the requested variance to other existing or potential uses and structures in the vicinity.
A primary objective of a front yard setback is to create minimum distances that above ground structures may be located from the adjacent public road. It is hoped that by preventing structures
from “crowding” the public streets, the result is a more appealing streetscape pattern.
Because the retaining wall in question retains the larger slope above the driveway, the retaining wall does not present an independent mass that crowds the established setback pattern
along Wildridge Road.
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.
The site’s steep topography requires significant retainage in order to accommodate the driveway access.
The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety;
N/A
Such other factors and criteria applicable to the proposed variance.
N/A
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 – 5.
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