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PZC Packet 030789STAFF REPORT TO THE PLANNING AND ZONING COMMISSION March 7, 1989 Lot 65/66, Block 2, Benchmark at Beaver Creek Otis Development Company, "The Annex" Final Design Review INTRODUCTION The Planning and Zoning Commission reviewed plans for the development of Lots 65/66, Block 2, Benchmark at Beaver Creek at the regular meeting of February 7, 1989. The proposed development included a one-story building with a floor area of 16,400 square feet., plus a separate one-story drive-in restaurant with a floor area of 2386 square feet. Following review of the proposed development, the Commission granted design review approval subject to: 1. Site grading and drainage plans be revised to separate off-site storm drainage from parking lot drainage and design of parking lot drainage treatment facilities be redesigned to provide required runoff treatment and to be compatible with other site development and landscaping. 2. Town Council approval and subsequent recording of a subdivision plat vacating the existing lot lines between Lots 65 and 66 and dedicating the agreed upon 50 feet wide public access easement across Lot 65. 3. Replace the proposed vehicular connection point between proposed project and the shopping center site with a pedestrian walkway. 4. Relocate proposed sidewalk along Beaver Creek Place to match existing sidewalk alignment at shopping center and within property line. 5. Revise plans to include curb and gutter along Beaver Creek Place. 6. Revise plans to show proposed exterior building and parking lot lighting. Parking lot lighting should provide adequate light at driveway entrances and pedestrian areas and also be compatible with existing fighting on adjoining properties. 7. Relocate proposed project sign adjacent to Beaver Creek Place to conform with 10 foot setback Staff Report to the Planning and Zoning Commission March 7, 1989 Lots 65/66, Block 2, Benchmark at Beaver Creek Otis Development Company, "The Annex" Final Design Review Page 2 of 6 requirement and so as to not obstruct views from vehicles entering or leaving the site. 8. Revised plan shall include a detailed sign program for the project, including design details for project signs as well as required information for individual business signs per Chapter 15.28 of the Avon Municipal Code. 9. Building footprint and building site plans for the proposed drive-in restaurant are subject to further design review approval. 10. Access to Wal-Mart parking lot be changed to the southeast end to align with the public access easement. 11. Additional information including floor plans and building cross-sections showing proposed loft area be submitted for evaluation of parking requirements. STAFF COMMENTS 1. A revised site grading and drainage plan has been submitted which shows: a. Redirection of off-site drainage and reduction in depth of filter galleries in accordance with condition No. 1. b. Relocation of vehicular access to Wal-Mart site in accordance with condition No. 10. C. Pedestrian interconnection with Wal-Mart site in accordance with condition No. 3. d. Relocation of sidewalk along Beaver Creek Place in accordance with conditici No. 4. 2. Building cross-sections and revised floor plans showing loft (storage) area have been submitted in accordance with condition no. 11. Staff Report to the Planning and Zoning Commission March 7, 1989 Lots 65/66, Block 2, Benchmark at Beaver Creek Otis Development Company, "The Annex" Final Design Review Page 3 of 6 3. A revised Landscape Plan showing the following has been submitted: a. Parking lot lighting utilizing pole mounted high pressure sodium fixture in accordance with condition No. 6. b. Project sign relocated to be 10 feet from the Beaver Creek Place right-of-way, per condition No. 7. Conditions not addressed in the current submittal include No. 2, No. 8 and No. 9. The following comments are in response to staff review of the revised materials: A. Site Grading and Drainage Plan 1. Revised drainage report conforming with revised grading and drainage has not been submitted. 2. Curb and gutter sections along southerly access should be modified to provide separation of parking and driveway areas at the westerly end near Avon Road and also in the Wal-Mart site. 3. Pedestrian connection to Wal-Mart site should include handicap ramps and a means of delineating walkway from parking and drive areas. 4. Parking configuration apparently shows 81 spaces, although dimensions have no!- been provided to verify. No other site drawings have been modified to reflect impact of Wal-Mart access and pedestrian connection on site development. B. Revised Landscape Plan 1. Mounting height of pole mounted high pressure sodium fixture and proposed fixtures have not been provided. Staff Report to the Planning and Zoning Commission March 7, 1989 Lots 65/66, Block 2, Benchmark at Beaver Creek Otis Development Company, "The Annex" Final Design Review Page 4 of 6 2. Location of cedar trash enclosure for drive-in restaurant does not appear to be accessible for trash pickup. C. Building Cross -Sections and Floor Plans 1. Floor plans and cross sections indicate a loft (storage) floor area of 5040 square feet with a ceiling height of 9 feet. This represents a floor area of approximately 30 percent, of the main floor area. STAFF RECOMMMENDATION If the Planning and Zoning Commission finds that the revised submittal materials conform with intent of the previous approval and conditions, Staff recommends approval subject to the following conditions: 1. A revised Drainage Report conforming with grading and drainage plan be approved by Staff prior to issuance of a building permit; 2. Curb and gutter sections be modified to show delineation and separation of parking and driveway areas along southerly access drive at Avon Road and at Wal-Mart site connections. 3. Pedestrian connection to Wal-Mart site be provided with handicap access ramps and delineation of walkway from parking and driveway areas. 4. All site plans be revised to reflect changes shown on grading and drainage plan prior to issuance of a building permit. 5. Town Council approval and subsequent recording of subdivision plat vacating existing lot lines between Lots 65 and 66 and defining and providing for the dedication of a fifty feet wide public access easement across Lot 65 as previously agreed to by applicant, prior to issuance of a building permit. Wl Staff Report to the Planning and Zoning Commission March 7, 1989 Lots 65/66, Block 2, Benchmark at Beaver Creek Otis Development Company, "The Annex" Final Design Review Page 5 of 6 6. Submission to Planning and Zoning Commission for approval of a detailed sign program in accordance with Chapter 15.28 of the Avon Municipal Code prior to issuance of a building permit. 7. Building footprint and building site plans for the proposed drive-in restaurant are subject to further approval by the Planning and Zoning Commission. 8. Approval is limited to uses which have no higher parking requirements than 4 spaces/1000 square feet. Parking shall be provided for loft area at the rate of 3 spaces per 1000 square feet and loft uses shall be limited to office and storage space for tenant located directly below loft area. Drive-in restaurant shall have a maximum seating area of 505 square feet. Other uses or additional seating area may be considered -)n a case by case basis by the Planning and Zoning Commission. Approval shall be based upon availability of excess spaces which exist on site. PARKING REQUIREMENTS: 16,400 sq. ft. ® 4/1000 65.6 spaces 5,040 sq. ft. ® 3/1000 15.1 spaces 505 sq. ft. Q 1/60 8.4 spaces Total 89.1 spaces Maximum Reduction 15% 13.4 spaces Minimum Parking Spaces Required 76.0 spaces Staff Report to the Planning and Zoning Commission March 7, 1989 Lots 65/66, Block 2, Benchmark at Beaver Creek Otis Development Company, "The Annex" Final Design Review Page 6 of 6 RECOMMENDED ACTION 1. Introduce Application; 2. Presentation by Applicant; 3. Commission Consideration of Submitted Materials; 4. Act on Application. Respectfully submitted, /J Norman Wood Director of Community Development PLANNING AND ZONING ACTION Approved as Submitted ( ) Approved with Recommended Conditions ( ) Approved with Modified Conditions (✓) Continued ( ) Denied ( ) Withdrawn ( ) / e Date 33-7-f�`1�`_Denise Hill, Secretary .{�;?ku-I AL( _ The Commission granted Final Design Review approval on Lot 65/66, Block Z, Benchmark at Beaver Creek, "The .Annex" subject to Staff Recommendations 1 through 7 and allowing the business to operate with a total of 74 required parking spaces. STAFF REPORT TO THE PLANNING AND ZONING COMMISSION March 7, 1989 Lot 8, Block 3, Benchmark at Beaver Creek 24 Unit Residential Complex South Harbor Development Corporation Dan Hunter Final Design Review Fractionalized Project Page 1 of 6 INTRODUCTION Dan Hunter on behalf of South Harbor Development Corporation is requesting Final Design Review and approval of Fractionalization for a 24 unit residential complex on Lot 8, Block 3, Benchmark at Beaver Creek. The lot is zoned high Density Residential and Commercial, RHDC. The design review approval is in conjunction with a request for approval of fractionalization. The lot has 16 Residential Development Rights assigned to it, twelve of which are to be fractionalized into halves to create a total of 24 residential units not exceeding 800 sq. ft. each. The proposed development consists of four buildings with six units each. The buildings are three levels high and are aligned with the southwestern or river edge of the property. Proposed parking is primarily surface parking. The parking located on the northern property line, abutting the railroad right of way is proposed to be an open carport. Built improvements within a sideyard setback require a variance whch was approved February 7, 1989 at the regular meeting of the Planning and Zoning Commission. At the regualrly scheduled meeting of the Planning and Zoning Commission February 21, 1989 the application received a preliminary review. The Planning and Zoning Commission acts on fractionalization in conjunction with Final Design Review. Final Design Approval includes approval of fractionalization of residential development rights. A public hearing is held on each design review application which includes fractionalization of residential development rights. The Planning and Zoning Commission in approving fractionalization may prescribe appropriate conditions and safeguards to mitigate impacts related to proposed fractionalization. Staff Report to Lot 8, Block 3, March 7, 1989 Page 2 of 6 STAFF COMMENT the Planning and Zoning Commission Benchmark at Beaver Creek The Planning and :'oning Commission shall consider the following factors in addition to tine Design Review Guidelines listed in Section 6.00 of the Design Review Procedures, Rules and Regulations for the Town of Avon, when reviewing a project involving the fractionalization of development rights: 1. THE ADEQUACY OF THE ACCESS TO THE SITE WITH RESPCECT TO THE WIDTH OF THE ADJACENT STREETS, THEIR GRADES, INTERSECTION SAFETY, VISIBILITY AND ENTRANCE INTO THE LOT TO BE DEVELOPED COMMENT: Access appears to be adequate. 2. THE NEED FOR AND AVAILABILITY OF PUBLIC OR PRIVATE TRANSPORTATION TO SERVE THE PROPOSED DEVELOPMENT; COMMENT: The site in proximity to a Town of Avon bus stop although service is seasonal. 3. THE IMPACT OF THE PROPOSED PROJECT UPON PUBLIC AND PRIVATE SERVICES AND FACILITIES SERVING THE AREA; COMMENT; There does not appear to be any unusual or significant impact on public or private services by this proposed development. The fire department has reviewed the plans and made recommendations. A new hydrant will be required onsite to ensure adequate fire protection, suggested location is in the center of the eastern property line adjacent to Beaver Creek Boulevard. Additionally a post indicator valve is recommended on the western end of the parking lot to ensure adequate protection for the two buildings not immediately adjacent to paved surfaces. Approval of the proposed fire protection by the Fire Department is recommended prior to the isssuance of a building permit. 4. THE COMPATIBILITY OF THE PROPOSED UNIT SIZES AND UNIT MIX WITH EXISTING AND POTENTIAL UNIT SIZES IN THE VICINITY COMMENT: Unit sizes are similiar to adjacent Sunridge Condominiums. 6.10 DESIGN REVIEW CONSIDERATIONS The Commission shall consider the following items in reviewing the design of a proposed project: Staff Report to the Planning and Zoning Commission Lot 8, Blocks, Benchmark at Beaver Creek March 7, 1989 Page 3 of 6 6.11 THE CONFORMANCE WITH THE ZONING CODE AND OTHER APPLICABLE RULES AND REGULATIONS OF THE TOWN OF AVON COMMENT: The followinq items were requested to be addressed prior to Final Design Review. Compact Parking Spaces - Applicant has submitted an adenda sheet indicating revised parking dimensions on the east end that are in compliance with parking regulations. Exterior Lighting - Applicant has submitted a cut sheet on proposed parking lot lighting and three locations are indicated on the site plan . A copy of the proposed fixture is with this report. Staff recommends additional site lighting on the western end of the property where walkways connect the end of the parking lot with the two most western buildings to insure the safety of the residents. Landscape Irrigation - All landscape areas are proposed to be irrigated with an underground sprinkler system. Detailed Dimension Floor Plans - Applicant has submitted marked up floor plans indicating exact dimensions and areas. Proposed areas and calculations are compatible with requested fractionalization. Drainage Plan - Drainage plan has been submitted. There are minor discrepancies between it and the architectural grading plan. Final staff approval is recommended prior to issuance of permit. 6.12 THE SUITABILITY OF THE IMPROVEMENT, INCLUDING TYPE AND QUALITY OF MATERALS OF WHICH IT IS TO BE CONSTRUCTED AND SITE UPON WHICH IT IS TO BE BUILT. COMMENT: The proposed development is similiar to adjacent Sunridge in regards to height, type of exterior materials and fenestration. The buildings themselves though are not as large as those of Sunridge and are probably more desirable in terms of scale for a residential project. 6.13 THE COMPATIBILITY OF THE DESIGN TO MINIMIZE SITE IMPACTS TO ADJACENT PROPERTIES. COMMENT: Proposal does not appear to have significant or unusual impacts on adjacent properties.The site is relatively isolated by the river and the railroad. Permission of Adjacent Property Owner - Written permission of the adjacent property owner to allow proposed improvements has not been submitted as recommended in previous report. Staff Report Lot 8, Block February 21, Page 4 of 6 to the Planning and Zoning Commission 3, Benchmark at Beaver Creek 1989 Staff encourages completion of proposed amenities improvements adjacent to riverfront and recommends that the proposed path be taken to the public right of way. 6.14 THE COMPATIBLILITY OF PROPOSED IMPROVEMENTS WITH SITE TOPOGRAPHY. COMMENT: Site is gently sloped and easily accomodates the proposed improvements. Proposed buildings sit behind the beginning of the river bank. 6.15 THE VISUAL APPEARANCE OF ANY PROPOSED IMPROVEMENT AS VIEWED FROM ADJACENT PROPERTIES AND PUBLIC WAYS. Carports - Modifications have been indicated on revised elevations as recommended in the previous report. Applicant has added gable shaped parapet extensions at regular intervals to the front or south elevation. 6.16 THE OBJECTIVE THAT NO IMPROVEMENT BE SO SIMILIAR OR DISSIMILIAR TC OTHERS IN THE VICINITY THAT VALUES, MONETARY OR AESTHETIC WILL BE IMPAIRED. COMMENT: The proposed buildings are identical to each other but are offset and angled which will mitigate the regularity. 6.17 THE GENERAL CONFORMANCE OF THE PROPOSED IMPROVEMENTS WITH THE ADOPTED GOALS, POLICIES, AND PROGRAMS OF THE TOWN OF AVON. The following are applicable goals for District Five Encourage the development of residential housing types, paticularly affordable dwelling units, either by purchase or rental to persons of all income levels visitor and resident alike. Promote the creation of a Riverf!ont Park that provides for a variety of aquatic sports, passive and recreational activities, public access by means of continuous paths and bikeways, the protection of streambank vegetation, adjacent floodplains, wildlife habitat, historical buildings and residential privacy. ~i Staff Report to the Planning and Zooing Commission Lot 8, Block 3, Benchmark at Beaver Creek March 7, 1989 Page 5 of 6 STAFF RECOMMENDATION Final Design Review and Fractionalization Approval is recommended conditioned by the fo',lowing: 1. Proposed path on the adjacent openspace tract be extended to the public right of way. 2. Issuance of building permit be subject to staff approval of proposed fire protection. 3. Issuance of building permit be subject to staff approval of drainage plan. 4. Additional exterior lighting be located on westernmost walkways. 5.Building location ties to adjacent propoerty lines be indicated on site plan that comply with applicable setback requirements prior to issuance of a building permit. 6. Permission of adjacent property owner be obtained for proposed improvements prior to issuance of a building permit. 7. Approval of exterior materials as presented at the meeting. RECOMMENDED ACTION 1. Introduce Application. 2. Presentation by Applicant 3. Open Public Hearing for Fractionalization 4. Close Public Hearing 5. Consideration by Commission 6. Act on Request Staff Report to the Planning and Zoning Commission Lot 8, BIC -,k 3, Benchmark at Beaver Creek March 7, 1989 Page 6 of 6 Respectfully Submitted, (::77 Lynn Fritzlen Department of Con,munity Development PLANNIt:C AND ZONING ACTION Approved as Submitted ( ) Approved with Conditions (✓ ) Approved with Modified Conditions ( ) Continued ( ) Denied ( ) Withdrawn ( ) Date 3 -'7 -el. . Denise Hill Secretary ,(1 'eta. /SLG( The Commission granted Final Design Review approval to Lot 8, flock 3, Benchmark at Beaver Creek, as presented, subject to all conditions stated in the Staff Report 0 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION March 7, 1989 Page 1 of 4 Lot 25, Block 2, Benchmark at Beaver Creek Christy Lodge Unit C-19 Subway Subs Canopy and Sign Sign Variance Jim Comerford Jim Comerford owner of Subway Subs located on the ground floor of the Christy Lodge Building is requesting Design Review Approval for a canopy and signage for the entry to his business. The canopy and sign are not in conformance with the approved sign program for the Christy Lodge and the existing canopy, and sign do not have the written approval of the owners association or sign code administrator for the Christy Lodge with the application. Mr. Comerford has indicated that he has been unable to obtain v.-'itten approval from the Christy Lodge for reasons other than lack of acceptance of the canopy therefore he feels the variance is justified. Mr. Comerford is requesting a variance from the following provisions of the Sign Code: Section 15.28.080, Avon Municipal Code Part Q. Sign Programs 2. Sign programs may be proposed or changed only by the owners of the building or the owners association. Sign program changes or proposals may not be made by an individual business. 3. Proposed signs, not in accordance with an approved sign program, will only be considered by the Planning and Zoning Commission upon receipt of written eveidence that the proposed sign is acceptable to the owners of the building or the owners association. The proposed request would require an variance to the Christy Lodge Sign Program and a variance from the provisions of the sign code. The following are applicable criteria and required findings for the granting of a sign variance: B. Variances 1. Purpose. The Planning and Zoning Comission shall have Staff Report to Subway Subs Sign March 7, 1989 Page 2 of 4 the Planning and Zoning Commission Variance authority to grant variances from this regulation to prevent or lessen such practical difficulties and unecessary physical hardships, inconsistent with the objectives of this title, as would result from strict or literal interpretation and enforcement. 2. Approval Criteria. Before acting on a variance request, the Planning and Zoning Commission shall consider the following factors: a. Th% relationship of the requested variance to a,,.isting and potential uses and structures in the vicinity: b. The degree to relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity; c. Such other factors and criteria as the commission deems E•pplicable to the requested variance. . Findings Required. The Planning and Zoning Commission i make the following findings before granting a variance: a. That the granting of the variance will not constitute a grant of special privelege inconsistent with the limitations on other properties in the vicinity; b. That the variance is warranted for on or more of the following reasons: i. The strict or literal interpretation and enforcement of the regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objective of this title, ii. 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 vicinity, iii. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of priveleges enjoyed by the owners of other properties in the vicinity. Staff Report to The Planning and Zoning Commission Subway Subs Canopy and Sign Variance March 7, 1989 Page 3 of 4 4. Conditional Granting. The granting of a variance may be conditioned upon action by the Planning and Zoning Commission. STAFF RECOMMENDATION If the Commission finds that the requested variance is in accordance with the applicable criteria and has adequate findings to justify the variance approval may be granted. If the variance is granted Design Review for the proposed sign and canopy may be scheduled for the next regularly meeting of the Planning and Zoning Commission. RECOMMENDED ACTION 1. Introduce Application 2. Presentation by Applicant 3. Consideration by Commission 4. Act on Variance Request Respectfully Submitted, Lynn Fritzlen Department of Community Development Staff Report to the Planning and Zoning Commission Subway Subs Sign Variance March 7, 1989 Page 4 of 4 PLANNING AND ZONING ACTION Approved as submitted ( ) Approved with Conditions ( ) Approved with Modified Conditions ( ) Continued i ✓ ) Denied ( ) Withdrawn ( ) Date .3 -1 -M Denise Hill Secretary k"( ittd ij[.t',f The Commission tabled the sign variance request for Lot 25, Block 2, Benchmark at Beaver Creek, Subway Subs for a period of 60 days to allow the applicant time to resolve his difference . with the building owner. STAFF REPORT TO THE PLANNING AND ZONING COMMISSION March 7, 1989 Lot 2, Block 1, Benchmark at Beaver Creek Storky's Restaurant Otto Stork, Mark Donaldson Preliminary Design Review Page 1 of 4 Mark Donaldson on behalf of Otto Stork, owner and developer of Storky's Restaurant is requesting Prelimnary Design Review, for a 3400 sq. ft. restaurant and bar located at 111 Nottingham Road immediately to the west of the Coastal Mart grocery and gas station. The proposed restaurant is a one storey ribbed block and stucco building with a partial basement. Parking sits on the north side of the property and the restaurant sits on the south with views facing I-70 and the town. Parking lot access is from Nottingham Road and circulation is proposed to be one way entry and exit. 6.10 DESIGN REVIEW CONSIDERATIONS The Commission shall consider the following items in reviewing the design of a proposed project: 6.11 THE CONFORMANCE WITH THE ZONING CODE AND OTHER APPLICABLE RULES AND REGULATIONS OF THE TOWN OF AVON COMMENT: Application appears to be in conformance with applicable rules and regulations. Project is located in the RHDC zone district and proposed use is allowed. The following items were not included in the application and should be submitted prior to Final Design Review: 1. Specification on exterior lighting. 2. Landscape irrigation system. 6.12 THE SUITABILITY OF THE IMPROVEMENT, INCLUDING TYPE AND QUALITY OF MATERALS OF WHICH IT IS TO BE CONSTRUCTED AND SITE UPON WHICH IT IS TO BE BUILT. COMMENT: Propose restaurant is sided by a commercial service use, oriented to I-70 traffic, on the east and residential Staff Report to the Planning and Zoning Commission Lot 2, Block 1, Benchmark at Beaver Creek March 7, 1989 Page 2 of 4 condominiums on the west. Ideally the architectural design will span the residential and commercial character of the area. The proposed building is flat roofed with a sloped mansard roof extension around the perimeter and a gable at the porte cochere. Proposed exterior materials are stucco block and metal roof. Roof forms and exterior materials are both residential and commercial in character. 6.13 THE COMPATIBILITY OF THE DESIGN TO MINIMIZE SITE IMPACTS TO ADJACENT PROPERTIES. COMMENT: Proposal does not appear to have significant or unusual impacts on adjacent properties. 6.14 THE COMPATIBLILITY OF PROPOSED IMPROVEMENTS WITH SITE TOPOGRAPHY. COMMENT: Site is gently sloped, approximately 8% over the proposed developed area and easily a^comodates proposed improvements. 6.15 THE VISUAL APPEARANCE OF ANY PROPOSED IMPROVEMENT AS VIEWED FROM ADJACENT PROPERTIES AND PUBLIC WAYS. COMMENT: Staff has two concerns in regards to visual appearance: 1. Rooftop mechanical equipment may be visible to residents and motorists on Nottingham Road. 2. Parking lot will dominate view of proposed development from Nottingham Road. Additional landscaping at the drive entries and within the parking lot is suggested. 6.16 THE OBJECTIVE THAT NO IMPROVEMENT BE SO SIMILIAR OR DISSIMILIAR TO OTHERS IN THE VICINITY THAT VALUES, MONETARY OR AESTHETIC WILL BE IMPAIRED. COMMENT: Proposed building design is unique to vicinity, proposed use and scale is similiar to the existing Pizza Hut on the north side of Nottingham road. Staff Report to the Planning and Zoning Commission Lot 2, Block 1, Benchmaerk at Beaver Creek Page 3 of 4 6.17 THE GENERAL CONFORMANCE OF THE PROPOSED IMPROVEMENTS WITH THE ADC°TED GOALS POLICIES AND PROGRAMS OF THE TOWN OF AVON. COMMENT: The following are applicable goals, policies and programs from District Four: - Promote the development of a variety of commercial uses which provide goods, services, and shelter to Interstate travelers, as well as guests and residents in the Vail Valley. -Encourage proper site planning which orients structures to optimum passive solar exposure and view orientation while providing view corridors for building on adjacent sites. -Reduce the negative influences of noise from I-70 -Improve the landscaping and visual screening of parking lots as viewed from I-70. -Encourage development projects which have distinctive architectural character and have ease of accessibility. STAF:- RECOMMENDATIONS This is a Preliminary Design Review and no formal action is recommended. The following is a summary of staff comments; 1. Additional landscaping at the drive entries and in the parking lot is encouraged. 2. Exterior lighting specifications and proposed landscape irrigation system in accordance with the design guidelines should be submitted prior to Final Design Review. 3. Consideration should be given to screening of rooftop equipment. Staff Report to the Planning and Zoning Commission Lot 2, Block 1, Benchmark at Beaver Creek March 7, 1989 Page 4 of 4 RECOMMENDED ACTION 1. Introduce Application 2. Presentation by Applicant 3. Consideration by Commission Respectfully Submitted, w Lynn Fritzlen Department of Community Development t 40 40 STAFF REPORT TO THE PLkNNIG AND ZONING COMMISSION March 7, 1989 Page 1 of 4 Lot 51, Block 4, Wildridge Subdivision Duplex Residence Sideyard Setback Variance Monica Reynolds, Hugh Prior Monica Reynolds is requesting a sideyard setback variance for a duplex residence located in Wildridge. The duplex received Design Review Approval at the regulary scheduled meeting of the Planning and Zoning commission June 24, 1987, a copy of the staff report is included. The site improvement plan submitted for the Design Review Application did not indicate a need for a setback variance. The duplex subdivision plat prepared subsequent to construction by Intermountain Engineering indicates an approximately V encroachment into the 10'-0" sideyard building setback requirement for the Wildridge Specially Planned Area. The roof overhang encroaches an additional 16" into the 7'-6" sideyard utility easement. Monica Reynolds has submitted with the variance application a signed statement by the utilities companies with the following wording: "Please be advised that this letter will stand on its merit that the undersigned are in full knowledge of the encroachment of the building into the utility easement on the west side of the lot listed above (Lot 51, Block 4, Wildridge Subdivision.) The undersigned have seen the the plat executed by Intermountain Engineering of Avon Colorado and have agreed that there is no problem with the encroachment . This also implies that the undersigned will have no problem with the Town of Avon granting final approval of the plat as it is designed." The applicant has provided the following response to the applicable criteria for the granting of a variance: CRITERIA: The following practical difficulty or unecessary physical hardship, inconsistent with the objectives of the particular regulation would result from the strict, literal interpretation, and enforcement of the regulation. APPLICANT RESPONSE: "Small building area ", the Contractor has built too close to the easement by accident. STAFF RESPONSE: Removing the built structure from the easement would be a practical impossibility without substantially modifying the design of the building and incurring significant financial cost. Staff Report to the Planning and Zoning Commission Lot 51, Block 4, Wildridge, Sideyard variance March 7, 1989 Page 2 of 4 The following are applicable criteria and findings for the granting of a variance: 17.36.040 Approval Criteria. Before acting on a variance application, the Planning and Zoning Commission shall consider the following factors with respect to the requested variance: A. The relationship of the requested variance to other existing and potential uses and structures in the vicinity; B. The degree to which relief from the strict or literal interpretation and enforcements of a specified regulation is necessary to achieve compatibility and uniformity of treatment this title without grant of a special privilege; C. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety; D. Such other factors and criteria as the board deems applicable to the proposed variance. 17 36 050 Findings Required. The Planning and Zon ng Commission shall make the following findings before granting a variance: A. 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; B. That the granting of the variance will not be detrimental to the public health , safety, or welfare or materially injurious to properties or improvements in the vicinity; C. That the variance is warranted for one or more of the following reasons: 1. The strict, literal interpretation and enforcement of the specified regulati0on would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title, ,ON Staff Report to The Planning and Zoning Commission Lot 51, Block 4, Wildridge, Sideyard Variance March 7, 1989 Page 3 of 4 2. 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, 3. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of priveleges enjoyed by the owners of other properties in the same district. STAFF RECOMENDATIONS If the Commission finds that there are adequate findings for the granting of a variance aprroval is recommended. Staff has prepared Resolution 89-3 recommending granting of the variance with the following condition: The sideyard setback variance is limited to existing construction. RECOMMENDED ACTION 1. Introduce Application 2. Presentation by Applicant 3. Open Public Hearing 4. Close Public Hearing 5. Consideration By Commission 6. Act on Variance Request Respectfully Submitted, Lynn Fritlen Department of Community Development Staff Report to the Planning and Zoning Commission Lot 51, Block 4, Wildridge, Sideyard Variance March 7, 1989 Page 4 of 4 PLANNING AND ZONING ACTION Approved as Submitted ( ) Approved with Conditions ( ) Approved with Modified Conditions ( ) Continued ( L.,/) Denied ( ) Withdrawn ( ) Date ^)�'J ('q Denise Hill Secretary LAi*Ai" The Ccmmission tabled this matter of a sideyard variance for Lot 51, Block 4, Wildridge, until a corrected public hearing notice can be sent and posted. Staff Report to the Planning and Zoning Commission Lot 51, Block 4, Wildridge, Sideyard Variance March 7, 1989 Page 4 of 4 PLANNING AND ZONING ACTION Approved as Submitted ( ) Approved with Conditions ( ) Approved with Modified Conditions ( ) Continued Denied ( ) Withdrawn ( ) Date -J Cq _ Denise Hill Secretary ON[ 0 " _ The Commission tabled this matter of a sideyard variance for Lot 51, Block 4, Wildridge, until a corrected public h,3ring notice can be sent and posted.