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PZC Packet 120391 (2)..N "' STAFF REPORT TO THE PLANNING AND ZONING COMMISSION STAFF REPO December 3, 1991 December 3 40 Page 2 of Lot 109, Block 1, W ldi idge Subdivision Front Yard Setback Variance Request Public Hearing 40 Lot 109, B Front Yard Public Hea INTRODUCTION40 Dave Peel, on behalf of Charlie Sherman, Peggy Peters and Larry Lane, is requesting a front yard setback variance for a reasons Lot 109, Block 11 Wildridge Subdivision. The applicant is the constr requesting fifteen (15) feet of relief from the required on this lc twenty five (25) foot setback requirement. The applicant will not states that the extraordinary slope adjacent to the front topography property line would necessitate exceptional cuts and fills and retainage heights that are both unsightly and cost prohibitive. There is a 15 foot elevation difference from and air, c the front property line and the 25' setback line. Lot 109 traffic i falls steeply off of Wildridge Road. This condition appears public sai to have been caused by the construction of Wildridge Road. The fill slope of the road has a slope of approximately 60% and the remainder of the site liar a slope of approximately negative 35%. applicant in order i STAFF COMMENTS the garagf Before acting on a variance application, the Commission shall consider the following factors with respect to the requested SECTION 1' variance: The Comm SECTION 17._36.40 Approyal_Criteria before gr. A. The relationship of the requested variance to other existing or potential uses and structures in the constitut vicinity; limitatio district; STAFF RESPONSE: The proposed use of this property is residential, and this use is compatible with existing properties in the neighborhood. The variance will allow this detriment residence to be built with a lesser amount of disturbance and materiail retaining walls then if the twenty five foot setback vicinity; requirement is enforced. In addition, Lot 109 is directly across the street from an open space tract, so the visual impact of a variance approval is lessened somewhat. of the fo B. The degree to which relief from the strict or literal interpretation and enforcements of a specified and enfor regulation is necessary to achieve compatibility and practical uniformity of treatment among sites in the vicinity, or to inconsist attain the objectives of this title without grant of special privilege; extraordi site of t STAFF REPORT TO THE PLANNING AND ZONING COMMISSION December 3, 1991 Page 4 of 4 Lot 109, Block 1, Wildridge Subdivision Front Yard Setback Variance Request Public Hearing PLANNING AND ZONING A(''fION Approved as submitted ( ) Approved with Recommended Conditions ( ) Approved with Moditied Conditions ( ) , Continued ( ) Denied ( ) Withdr`` ) Date Patti Dixon, SecretaTy�_c� The Commission approved Planning and Zoning Commission Resolution 91-7, granting approval of a variance from front yard building setback re- irements as stipulated in Title 17 of the Avon Municipal Code for Lot 109 Block 1, Wildridge Subdivision, citing the following findings and conditions: 1. That the granting of the variance will not constitute a grant of special privilege insoncistent with the limitations on other properties classified in the same district; 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; 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. STA.=F REPORT TO THE PLANNING AND 70NING COMMISSION December 3, 1991 Page 5 Lot 109, Block 1, Wildridge Subdivision Front Yard Setback Variance Request Public Hearing Approved was a variance of 15' reducing front yard building setback from 25' to 10' for proposed duplex residence on Lot 109 Block 1 Wildridge Subdivision, generally conforming with schematic drawing submitted with application. The variance shall be subject to any further limitations which may be imposed as a result of the required design review process. 40 s STAFF REPORT TO THE PLANNING AND ZONING COMMISSION December 3, 1991 Page 2 of 3 Wildwood Road Bus Stop Final Design Review of the Wildridge monument sign. 6.14 - The compatibility of proposed improvements with site topography. COMMENT: The improvement is compatible with site topography. 6.15 - The visual appearance of any proposed improvement as viewed from adjacent and neighboring properties and public ways. COMMENT: The visual appearance of this improvement should be positive. The design and materials are similar to the previously approved Wildwood Townhomes. 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: There is no other improvement to compare this structure to, however no monetary or aesthetic values should be impaired. 6.17 - The general conformance of the proposed improvements with the adopted Goals, Policies and Programs of the Town of Avon. COMMENT: The proposal is in general conformance with adopted Goals, Policies and Programs of the Town of Avon. STAFFRECOMMENDATIONS The Staff believes this project to be compatible with our design review regulations and recommends approval. RECOMMENDED. -ACTION 1. Introduce Application 2. Applicant Presentation 3. Commission Review 4. Commission Action STAFF REPORT TO THE PLANNING AND ZONING COMMISSION December 3, 1991 Page 3 of 3 Wildwood Road Bus Shelter Final Design Review Respectful submitted, Rick Pylman Director of Community Development PLANNING AND ZONING__ACTION Approved as submitted (--I— Approved with Recommenced Conditions ( ) Approved with Modified Conditions ( ) Continued ( ) Denied ( ) Withdrawn ( 11 Date -Patty Dixon, Secretary The Commission granted final design approval to the proposed bus stop shelter and asked Rick Pylman to extend their gratitude to the employees of Colorado First Construction for their generosity in donating-this— shelter onatingthis— shelter for the school children to the Town of Avon.