L19 B4 wR Variance setback for wallTown of Avon
Variance Staff Report
July 20, 1999 Planning & Zoning Commission meeting
Report date
December 20, 2019
Variance type
Structural Retaining Wall in the Front Yard Setback
Legal description
Lot 19, Block 4, Wildridge Subdivision
Zoning
Planned Unit Development (PUD) – 2 units
Address
5566 Coyote Ridge
Introduction
Last October during this property’s Temporary Certificate of Occupancy (TCO) inspection, staff determined that the boulder retaining wall constructed below the project’s driveway was
significantly taller than four feet, qualifying it as a “structure”. Additionally, because the of the wall’s location within the property’s front yard setback, this structural retaining
wall violated the Zoning Code’s setback limitations. The project’s TCO was granted conditioned upon correction of the wall to eliminate the setback violation or receipt of a grant of
variance.
The applicant is now requesting a grant of variance for a structural boulder retaining wall located in the property’s front yard setback.
Approval Criteria
According to the Section 17.36.040, the Avon Municipal Code, the Planning & Zoning Commission shall consider four 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 front yard setbacks is to create a minimum distance structures are located from the adjacent public road. One intended result is to maintain an appealing streetscape
pattern that avoids structures from “crowding” the public streets. The wall in question infringes upon this objective.
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.
Staff believes once it was determined during the project’s construction that retainage would in fact be necessary below the project driveway, that such retainage could have been designed
and constructed so as to not violate the setback limitations.
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.
It should be noted that neither the approved Final Design plans nor the approved building permit plans indicated the need for a retaining wall below the project’s driveway. Though correction
of the retaining wall to eliminate the setback violation will likely be difficult and costly, staff believes that the situation could and should have been avoided. The applicant never
informed staff of the need for retainage below the driveway or submitted a revised site plan indicating his intention to building the retaining wall. Staff is confident that if the
Town’s plan review process had been followed, the setback violation could have been identified and thus avoided.
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 application’s failure to satisfy the criteria required for a grant of variance, staff recommends the variance application be denied.
Recommended Motion
“I move to approve Resolution 99-15 denying the requested variance for a structural retaining wall to encroach into the front yard setback for Lot 19, Block 4, Wildridge Subdivision
based upon the following findings:
That the granting of the variance will constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district;
That the variance is not warranted for the following reasons:
The strict, literal interpretation and enforcement of the specified regulation would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives
of this title;
There are no 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 will not deprive the applicant of privileges enjoyed by the owners of other properties in the same district.”
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 H. Harrison
Planner
Planning & Zoning Commission Action
Variance granted as submitted ( ) Variance granted with recommended conditions ( )
Approved with modified conditions ( ) Continued ( ) Variance Denied ( )
Withdrawn ( )
Date ________________ Greg Macik, Secretary _______________________________
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