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PZC Packet 020690STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FEBRUARY 6, 1990 Lot 4, Filing 1, Eaglebend Subdivision Front Yard Setback Variance Request Public Hearing INTRODUCTION The applicant, South Harbor Development, is requesting eight (8) feet of relief from the required twenty five (25) foot front yard setback. As proposed, a garage wall would encroach to within eighteen (18) feet of the front property line. This variance application was proceeded by a conceptual design review hearing, at which time tF,,e setback requirements were adhered to through the project design. At that time the Staff and Planning and Zoning Commission objected to the encroachment of the building over the river bank. This application alleviates the river bank encroachment by requesting the front setback variance. Approximately 1/3 of the southern portion of this 16,700 square foot lot falls within the 100 year flood plain, and approximately half of the lot lies over the edge of the river embankment. The buildable area of the lot consists of a 60' x 60' area, approximately 3,600 square feet. The proposed building for Lot 4 has a footprint of 65 feet in length. STAFF COMMENTS Before acting on a variance application, the Commission shall consider the following factors with respect to the requested variance: SECTION 17 36 40 Approval Criteria A. The relationship of the requested variance to other existing or potential uses and structures in the vicinity; STAFF RESPONSE: There have been several similar variance requests granted in this neighborhood, with hardship claims of topography and natural features (ditch) as approval criteria. The physical hardship in this case is similar, the river embankment does severely restrict the buildable area of this lot. The problem, however, is compounded by the applicants desire to utilize a set architectural program, which does not allow him the flexibility to design to specific site restraints. To this degree, a portion of the hardship is self inflicted. B. The degree to which relief from the strict or Staff Repert to the February 6, 1990 Page 2 of 4 Planning and Zoning Commission Lot 4, Filing 1, Eaglebeno Subdivision Front Yard Setback Variance Request Public Hearing literal interpretation and enforcements 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 RESPONSE: The fact that there is a valid physical hardship on this lot allows for compatible and uniform treatment of this request with previous variance approvals in this area. The degree to which relief is necessary is being partially driven by the applicant's architectural program. A different design could utilize a groater portion of the buildable site area and eliminate or reduce the degree of variance necessary. C. The effect of the requested variance on light and air, distribuuion of population, transp-)rtation and t-affic facilities, public facilities and utilities, and public safety; STAFF RESPONSE: There is no negative impact upon this criteria. SECTION 17.36.50 Findings Required The Commission shall make the following written findings before granting a variance; A. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations of 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; STAFF RESPONSE: The Staff would prefer a front setback variance to encroachment and destruction of a portion of the river embankment. The variance would have no detrimental effect to the street, or to adjacent private properties C. That the variance is warranted for one or more of the following reasons: Staff Report to the Planning and zoning Commission February 6, 1990 Page 3 of 4 Lot 4, Filing 1, Eaglebend SUDdivisiOn Front Yard Setback Variance Request 1. 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, 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 privileges enjoyed by the owners of other properties in the same district. STAFF RECOMMENDATION Staff recommendation is for approval. Although we recognize that a degree of this hardship is self inflicted, there is significant impact caused by the amount of undevelopable area on this lot. The Staff would prefer to flex on front setback issues when river encroachment is an issue. RECOMMENDED ACTION 1. Introduce Application 2. Applicant Presentation 3. Open Public Hearing 4. Close Public Hearing 5. Commission Review 6. Commission Action Respectfully submitted, Rick Pylman Director of Community Development Staff Report to the Planning and Zoning Commission February 6, 1990 Page 4 of 4 Lot 4, Filing 1, Eaglebend Subdivision Front Yard Setback Variance Request Public Hearing PLANNING AND ZONING ACTION Approved as submitted ( ) Approved with Recommended Conditions ( /) Approved with Modified Conditions ( ) Continued ( V) Denied ( ) Withdrawn ( ) Date. ;2 toIuo Denise Hi11, Secretrr &I'(a The representative for South Harbor Development was not present at the meeting, therefore the Commission continued this item to the next regularly scheduled meeting on February 20, 1990. 'TOWN OF AVON PLANNING AND ZONING COMMISSION RESOLUTION NO. 90 - 1 SERIES OF 1990 A RESOLUTION GRANTING A VARIANCE FROM FRONT YARD BUILDING SETBACK REQUIREMENTS AS STIPULATED IN TITLE 17 OF THE AVON MUNICIPAL CODE FOR, LOT 4, BLOCK 1, FILING 1, EAGLEBEND SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, South Harbor Development Company, owner of Lot 4, Block 1, Filing 1, Eaglebend Subdivision, Town of Avon, Eagle County, Colorado, has applied for a variance from the "Front Yard Building Setback" requirements as stipulated in Title 17 of Avon Municipal Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing on the variance application and has determined: 1. The variance is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity; and 2. Approval of the variance will not constitute a grant of special privilege; and 3. The requested variance will have no detrimental effect on light and air, distribution of population, transportation and traffic facilities, and public facilities and utilities, and public safety; and WHEREAS, the Planning and Zoning Commission finds: 1. 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; and 2. 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; and A RESOLUTION GRANTING A VARIANCE FROM FRONT YARD BUILDING SETBACK REQUIREMENTS AS STIPULATED IN TITLE 17 OF THE AVON MUNICIPAL CODE FOR, LOT 4, BLOCK 1, FILING 1, EAGLEBEND SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, South Harbor Development Company, owner of Lot 4, Block 1, Filing 1, Eaglebend Subdivision, Town of Avon, Eagle County, Colorado, has applied for a variance from the "Front Yard Building Setback" requirements as stipulated in Title 17 of Avon Municipal Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing on the variance application and has determined: 1. The variance is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity; and ` 2. Approval of the variance will not constitute a grant of special privilege; and 3. The requested variance will have no detrimental effect on light and air, distribution of population, transportation and traffic facilities, and public facilities and utilities, and public safety; and WHEREAS, the Planning and Zoning Commission finds: 1. 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; and 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improve.,tents in the vicinity; and 3. That the variance is warranted for the following reasons: a. The strict literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of that regulation; b. 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; C. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission of the Town of Avon, Colorado hereby approves a variance from the "Front Yard Building Setback" requirements of Title 17 of the Avon Municipal Code for Lot 4, Block 1, Filing 1, Eaglebend Subdivision, Town of Avon, Eagle County, Colorado. 1. Variance of H', reducing front yard building setback from 25' to 17', for proposed single family residence on Lot 4, Block 1, Filing 1, Eaglebend Subdivision, generally conforming with schematic drawing submitted with application; and 2. Variance shall be subject to any further limitations which may be imposed as a result of the required design review process. APPROVED THIS DAY OF Denise Hill, Secretary Frank Doll, Chairman 1990. hardship inconsistent with the oulectives U, that regulation; b. 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; c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed '-)y the owners of other properties in the same district. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission of the Town of Avon, Colorado hereby approves a variance from the "Front Yard Building Setback" requirements of Title 17 of the Avon Municipal Code for Lot 4, Block 1, Filing 1, Eaglebend Subdivision, Town of Avon, Eagle County, Colorado. 1. Variance of 81, reducing front yard building setback from 25' to 171, for proposed single family residence on Lot 4, Block 1, Filing 1, Eaglebend Subdivision, generally conforming with schematic drawing submitted with application; and 2. Variance shall be subject to any further limitations which may be imposed as a result of the required design review process. APPROVED THIS DAY OF Denise Hill, Secretary Frank Doll, Chairman 1990. I STAFF REPORT TO THE PLANNING AND ZONING COMMISSION February 6, 1990 Lot 4, Filing 1, Eaglebend Subdivision South Harbor Development Corp Single Family Residence Design Review INTRODUCTION South Harbor Development Corporation is proposing to construct a single family residence on Lot 4, Filing I, Eaglebend Subdivision. Lot 4 is 16,703 square feet in size, the proposed building footprint is 1980 square feet for a building area ratio of i1%. The building is sited on the northwestern portion of the lot and will reluire a front setback variance of eight feet (8). Please reviow accompanying memo for setback criteria. The building height is 32 feet, within zoning requirements. The site plan indicates sufficient areas for sniw storage and useable open space requirements. The architecture is similar to existing South Harbor developments. Exterior materials are: cedar siding, cedar fascia, stucco, and aluminum clad windows. The applicant has made some response to Commission comments at the conceptual hearing. The west elevation has been amended by the addition of a stucco wall facade, and stucco elements on the chimney and fireplace detail. STAFF COMMENTS The Commission shall consioer 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: The project will require approval of a front yard setback variance. Please refer to accompanying staff report. 6.12 - The suitability of tha improvement, including type and quality of materials of which it is to be constructed and the site upon which it is to be located. I be Staff Report to the Planning and Zoning Commission February 6, 1990 Page 2 of 2 Lot 1, Filing 1, Eaglebend Subdivison South Harbor Development Single Family Residence Design Review COMMENT: The type and quality of materials is consistent with Town guidelines. 6.13 - The compatibility of the design to minimize site impacts to adjacent properties. COMMENT: The residence is sited on the extreme western edge of the parcel and will present a relatively long unbroken expanse to its neighbor. Response to previous Commission concerns consist of introduction of an additional wall material. 6.14 - The compatibility of proposed improvement with site topography. COMMENT: The re-siting of this residence vastly improves previous Staff concerns with river bank topography. 6.15 - The visual appearance of any proposed improvement as viewed from adjacent and neighboring properties and public ways. COMMENT: Again, the re-siting of this residence has alleviated previous concerns relative to the southern elevation. 6.16 - The objective that no improvement be so similar or dissimilar to others in the vicinity that values, monetary or aesthetic will be impaired. COMMENT: This proposal is very similar to existing improvements in the vicinity, however, Staff sees no conflict with this criteria. 6.17 - The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon. COMMENT: The proposal is in general conformance with adopted Goals, Policies and Programs for the Town of Avon. Staff Report to the Planning and Zoning Commission February 6, 1990 Page 3 of 3 Lot 4, Filing 1, Eaglebend Subdivision South Harbor Development Single Family Residence Design Review STAFF RECOMMENDATION Staff feels that with the exception of a color board for the residence, the application is complete. RECOMMENDED ACTION 1. Introduce Application (Staff); 2. Presentation by Applicant; 3. Commission Review/Discussion; 4. Commission action. Respectfully submitted, Rick Pylman Director of Community Development PLANNING AND ZONING ACTION Approved as Submitted ( ) Approved with Recommended Conditions ( ) Approved with Modified Conditions ( ) Continued (�) Denied ( ) Withdrawn ( ) Date 440& Denise Hill, Secretary Ei: xoa zh z The representative for South Harbor Development was not present at the meeting, therefore, the Commission continued this item to the next reqularly scheduled meeting on February 20, 1990 Owl •1 •1 Staff Report to the Planning and Zoning Commission February 6, 1990 Lots 87, 89, Block 1, Wildridge Subdivision Conceptual Design Review of a Fractionalized Project INTRODUCTION_ The applicant has requested a conceptual design review hearing for a fractionalized unit project on Lots 87 and 89, Block 1, of Wildridge Subdivision. Lots 87 and 89 are currently assigned four (4) development -ights each. The applicant wishes to develop eight (8) units on each lot, for a total of sixteen (16) units. STAFF COMMENTS The Staff feels the following issues should be addressed at the conceptual design level: - The separation of buildings on each lot. - The mirror image appearance of each building. - The site planning for parking areas on Lot 87. As a conceptual application, the Staff presents no formal recommendations. Respectfully submitted, Rick Pylman Director of Community Development Date 1990. Denise Hill, :,Pcretary Since this was a conceptual design review, nr, actior was taken at this time. Staff Report to the Planning and Zoning Commission February 6, 1990 Lot 3, Block 3, Benchmark 3t Beaver Creek Conceptual Design Review INTRODUCTION Lot 3, Block 3, Benchmark at Beaver Creek is located at the corner of U.S. Highway 6 and West Beaver Creek Boulevard, just south of Sunridge Condominiums. The parcel is zoned Residential High Density/Commercial and currently has no development rights available. The applicant is proposing a multi -use commercial development of two buildings that will include a convenience store, liquor store, restaurant, and additional ground floor lease space and second floor office space. The applicant has included the following development summary with his applicatic,n: Zoning ---------------------------- RHDC Building Height -------------------Allowed 80' Proposed 25' Building Coverage ----------------- 21.6% Useable Open Space ---------------- 78.4% Commercial Square Footage ---------1st Floor - 8,340 s.f. 2nd Floor - 4,350 s.f. Parking ---------------------------Required 30 Provided 34 STAFF COMMENTS The Staff feels the following issues should be addressed in conceptual discussion of this proposal: That the design of commercial space relate to the type of uses allowed by zoning. - The harmony of the architectural style with adjacent properties, and with town design guidelines. - The amount of paving required to support parking and circulation for this site plan. - The amount of paving in required setbacks and the lack of landscape buffer between the adjacent public and private proper'J es. Staff Report to the Planning and Zoning Commission February 6, 1990 Page 2 of 2 Lot 3, Block 3, Benchmark at Beaver Creek Conceptual Design Review As a conceptual review, the Staff presents no formal recommendations at this time. Respectfully submitted, 1ciL Rick Pylman Director of Community Development � ' �l i I , Date 1990. Denise Hill, Secretary Since this was a conceptual design review, no a�'ion was taken at this time. #�.� r:» Staff Report to the Planning and Zoning Commission February 6, 1990 Lot 71, Block 2, Benchmark at Beaver Creek Conceptual Design Review INTRODUCTION The owner of Lot 71, Block 2, Benchmark at Beaver Creek has submitted a conceptual site plan and rendering of a commercial building proposed for this site. The following table of information is a data summary prepared by the applicant: Zone District - ---------------Shopping Center Lot Area ------------------------ 57 acre (24,829 s.f.) Setbacks ----------------------- Front: 25' - parking: 10' Side: 7.5' Rear: 10' Building Coverage -------------- 7.675 s.f. Minimum Open Space -------------20% (4,966 s.f.) Landscape Area Proposed --------10,934 s.f. Sidewalks ----------------------1,050 s.f. Paved Area ---------------------10,934 s.f. Parking Spaces -----------------Thirty (30) Loading Berth ------------------One (1) Snow Storage -------------------2,261 s.f. Net Retail Space ---------------7,500 s.f. STAFF COMMENTS The design of this building, at this level of detail, certainly seems appropr-'ate to this area of town. The architectural style and scale of the building relates well to a majority of the developed properties in the shopping center district. The Staff does feel, however, that the site planning for this proposal could be vastly improved. t ■ Staff Report to the Planning and Zoning Commission February 6, 1990 Page 2 of 2 Lot 71, Block 2, Benchmark at Beaver Creek Conceptual Design Review The Staff recommends the following issues should be addressed in discussion of this proposal: - The ability of parking area to function appropriately. - The lack of pedestrian access, both along the front of the property, and from the street to the store fronts. - The presentation of the property to the street. As a conceptual review, the Staff presents no formal recommendations at this time. Respectfully submitted, Rick Pylman Director of Community Development Date �C 1990 Denise Hill, Secretary Since this was a conceptual design review, no action was taken at this time.