L6 WRAC Variance setbacksTown of Avon
Variance Staff Report
September 1, 1998 Planning & Zoning Commission meeting
Report date
December 20, 2019
Variance type
Building addition outside established footprint
Legal description
Lot 6, Wildridge Acres Subdivision
Zoning
PUD-Wildridge Acres-single family
Address
2803 Shepherd Ridge
Introduction
The applicant is requesting a variance to allow a building addition to extend beyond the established building footprint. The home is located in Wildridge Acres, which was approved in
1990 as a PUD separate from the Wildridge PUD. The PUD has established building footprints for each lot in lieu of standard setbacks. The variance request is to allow a garage and
patio addition to extend beyond the building envelope in a small triangular area that is two feet at its base and seven feet long. This addition includes a one-foot roof overhang, thus
most of the encroachment would be the roof overhang.
The addition is being proposed to correct a drainage problem that was created when the house was constructed. The basement extends beyond the walls of the ground level of the home.
Water draining into this area has caused damage to the structure. The addition would be constructed over the basement to eliminate the drainage problem. The addition is being reviewed
as a modification to the final design approval under separate Commission action.
The drawing also shows a front porch addition. This is not included in this variance application.
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. Following
is staff’s analysis based on these criteria:
The relationship of the requested variance to other existing or potential uses and structures in the vicinity.
The garage and east porch addition extends only two feet beyond the established building footprint, including a one-foot overhang. This small area of encroachment will not have any
significant impact on other homes in the vicinity.
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 garage and porch addition on the east side is being requested to correct a drainage problem. Based on this unique circumstance, staff does not believe this would be a grant of special
privilege.
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 small encroachment proposed on the east side of the home would not have any impact on lighting or airspace of nearby properties, nor impact transportation or public safety.
Such other factors and criteria applicable to the proposed variance.
Staff supports the variance for the garage and porch addition because the current owners did not create this situation. Additionally, the area proposed to extend beyond the building
envelope is very small and will not impact any neighboring properties.
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
Staff recommends approval of the Resolution 98-6 granting a variance for the garage and patio addition.
Recommended Motion
I move to approve Resolution 98-6 granting a variance for the extension of a garage and patio addition beyond the established building footprint as described in the application and materials
submitted July 31, 1998.”
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,
Karen Griffith, AICP
Town 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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