TC Minutes 03-09-1993MINUTES OF THE REGULAR MEETING'OF THE TOWN COUNCIL.
HELD MARCH 9, 1993 - 7:30 P.M.
The regular meeting of the Avon Town Council'of the Town of Avon,
Colorado was held in the Municipal Building, 400 Benchmark Road,
Avon, Colorado, in the Council Chambers.
The meeting was called to order by Mayor Albert Reynolds at
7:33p.m. A roll call was taken with Councilors-JAck Fawcett, Tom
Hines, Celeste Nottingham, and Jim Roof present.. Councilors Jerry
Davis and John Hazard were absent. Also present were Town
Attorney John Dunn, Town Manager Bill James, Director of
Engineering Norm Wood, Director of Municipal Services.-Larry
Brooks,-Director of Community Development Rick Pylman, Planner.Tom
Allender, Police Chief Art Dalton, Fire Chief'Charlie Moore, Town
Clerk Patty Neyhart, as well as members of the press and public.
First item under Citizen Input was Ms. Tsu Wolin-Brown
representing Head Start.
Ms. Wolin-Brown, Head Start Program Coordinator, gave overview of
the newly formed child development program for Eagle County. This
program operates out of Prater Lane Play School. Components of.
Head Start are education; health, including medical, dental,
nutrition, and mental health; parent involvement; and social
services. Children in the program do have to qualify as low
income. The programs are coordinated with the present school
calendar.
Next item under Citizen Input was Mr. Josh Hall representing
Channel #23.
Mr: Hall reminded that, on March 31, 1993, Channel #23 will
become Channel #5.
Second Reading of Ordinance No. 93-1, Series,of 1993, AN
ORDINANCE AMENDING CHAPTER 17.20 OF THE MUNICIPAL CODE OF THE-TOWN
OF AVON TO ALLOW COMMERCIAL PRINTING FACILITY-AS A SPECIAL-REVIEW
USE IN THE NEIGHBORHOOD COMMERCIAL ZONE DISTRICT
Mayor Reynolds announced this is a public hearing.
Mr. Rick Pylman informed that representatives of the Vail Daily
Newspaper are looking to combine their office and printing
facility in Avon. In order to realize that coal, the,Town needs
to change the zoning code to create a zone district to allow the
printing facility. This Ordinance adds commercial pprinting
facility as a special review use in the neighborhood-commercial
zone district. There are no changes to the Ordinance from first.
reading and Staff recommends approval.
There being no further comments or questions, Mayor Reynolds
called for a motion.
Councilor Fawcett motioned to adopt Ordinance No. 93-1, Series of
1993 on second reading. Councilor Hines seconded the motion.
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With no further discussion, Mayor Reynolds entertained a roll
call.
Those voting aye were Councilors Celeste Nottingham, Tom Hines,
Jack Fawcett, Jim Roof. The motion carried unanimously.
First Reading of Ordinance No. 93-2, Series of 1993, AN ORDINANCE
AMENDING CHAPTER OF 5.08 OF THE MUNICIPAL CODE OF THE TOWN OF AVON
RELATING TO LIQUOR LICENSES
Town Attorney John Dunn reminded that at the last Council meeting,
council directed that an Ordinance be prepared which would adopt-a
new provision of the State Liquor Code. This provision would
permit the council, in certain circumstances, to impose fines
rather than suspend liquor licenses. This Ordinance.provides that
whenever a decision suspending a retail license for.14 days or
less becomes final, whether by failure of the licensee to appeal
or by exhaustion of all appeals of judicial review,-the retail
licensee-may, before the operative date of the suspension,
petition for permission to pay a fine in lieu of having the
license suspended. The Ordinance proceeds to establish the
criteria which govern that decision.
Councilor Nottingham questioned determination of loss of sales due
to suspension. Attorney Dunn responded that the provisions
mentioned are from the State Statutes. Attorney Dunn added the
burden would be on the licensee to convince the'Courncil that'these
criteria are met; perhaps their accountant could make thai,,.`
presentation.
Councilor Nottingham questioned what fund the collected fines go
into. Attorney Dunn responded the General Fund of the Local
Licensing Authority; actually the General Fund of the Town, as the
.Town is the Local Licensing Authority.
Councilor Hines questioned desirability of this Ordinance.
Attorney Dunn stated this Ordinance is limited in effect as it
.applies only when the suspension is for 14 days or less. Council
has the authority to suspend up to six months. Fourteen day's is
fairly minor and this offers some flexibility without obligation.
Councilor Nottingham questioned required TIPS program. Attorney
Dunn stated Council does not have the authority under.the statutes
to require,TIPS and to put it in the Ordinance.as a.condition,of
allowing, the person to pay. the fine in lieu. Attorney._Dunn- added-
council may on a case,by case basis add TIPS training as'a
condition.
There being no further comments, Mayor Reynolds called for a
motion.
Councilor Hines motioned to approve Ordinance.No. 93-2, Series of
1993 on first reading. Councilor Nottingham-seconded the motion.
With no further discussion, Mayor Reynolds entertained a roll
call.
Those voting aye were Councilors Jim Roof, Celeste Nottingham, Tom.
Hines, Jack Fawcett. Motion carried unanimously.
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Resolution No. 93-14, Series of 1993, A RESOLUTION AMENDING THE
1993 BUDGET
Mr. Bill James informed this Resolution is to pay for some of the
due diligence expenses to be incurred for.the potential public
works facility. Costs will be shared 50/50 with Town of Avon and
Vail Associates. Total is $61,000. The Town will pay the total
bill and be reimbursed 50% from Vail Associates.
Councilor Nottingham motioned to approve Resolution No. 93-14,
Series of 1993. Councilor Hines seconded the motion and the
motion carried unanimously.
First item under Unfinished Business was an update on Phone
Service to Wildridge.
Mr. James reminded Council of the 45 Wildridge duplex lots that
currently do not have phone service. US West has agreed to
install the phone lines if the Town will do,the trenching.
Estimated trenching cost from B & B is $32-,000 and is not
recoverable, per the phone company. Work could be accomplished
this summer. Council directed Mr. James to present a Resolution
amending the budget at next meeting.
First item under New Business was an Appeal of Planning & Zoning
Decision of February 16, 1993 Parking Variance; Lot 12, Block 1,.
Benchmark at Beaver Creek.
Mr. Tom Allender informed that on February 16, 1993 the Planning
& Zoning Commission (P & Z), in a 5 to 1 decision, denied Valley
Wide Plumbing's request for a variance from a'parking setback. On
Lot 12, Block 1, Benchmark at Beaver Creek,.the required.front yard
setback is 251. Parking regulations require there'be rio parking
in the first 101.from the property line in and this was the
variance requested: P & Z's motion for denial-stated-the project
lacked the hardship, would create a bad precedent, and P & Z,could
not apply the required findings from the Town Ordinance. Those
findings were : 1) . that the granting of 'the variance will not
constitute a grant of special privilege inconsistent with the
limitations on other properties in the vicinity and 2) that the
variance is warranted for one or more of the following reasons; a)
the strict or literal interpretation and enforcement of-the
regulation would result in practical difficulty or unnecessary
physical hardship inconsistent with the objectives of this title,
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 vicinity, 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 vicinity. The applicant's
intent was to pave the lot from the proposed building right up to
the property line. And, to mitigate the visual impact,
landscaping was proposed for the right-a-way. Some vertical
separation is between the parking lot and the road. The applicant
has indicated that this parking variance is necessary to maximize
the parking area that is needed for 17 vans, employee and customer
vehicles. The submitted design shows 41 spaces; the Town
Ordinance stipulates a minimum of 29 spaces. Staff has review the
design and it may be possible to come up with 39 spaces withouta
variance.
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P & Z reviews certain criteria to form their decision and the
following are their comments. 1) In response to the relationship
of the requested variance to existing and potential uses and
structures in the vicinity; approval of the variance would allow
parking in relative close proximity to traffic on Metcalf Road.
Visually this could be mitigated, however, if Metcalf is ever
widened, has paved shoulders or a sidewalk added, that buffer
would be lost. 2) In response to the degree to which 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; at the P & Z
hearing Staff was not aware of any variances in the area for
parking setbacks, however after further research the building that
Beck & Associates is located in actually received a parking
variance setback in the early 80's. This lot is 1/4 mile away
from the Beck & Associates building and the lots adjacent to this
lot have not requested or received parking variance setbacks. 3)
In response to such other factors and criteria as the Commission
deems applicable to the requested variance; lack of hardship on
the part of the applicant, the precedent the approval may create,
it is possible to come very close to accommodate the amount of
parking through design, and this lot is very similar to others in
the area that have not required a variance. Staff recommends to
uphold the decision of the P & Z.
Councilor Fawcett questioned owner of property. Mr. Allender
responded that Valley Wide Plumbing is the owner.
Mr. Douglas DeChant, architect representing Valley Wide Plumbing,
distributed a brief to Council (see attached Exhibit A). Mr.
Pylman noted this lot is immediately adjacent to Avon Auto Body;
downhill with a shared access and the lot downhill from Avon Auto
Body also shares that access. Mr. DeChant discussed the easement
with the assistance of a map. Mr. DeChant noted the vertical
separation between the street and parking lot is significant and
suggested any development such as sidewalks would be necessary on
the other side of the road.
Councilor Fawcett questioned length of ownership of the property.
Mr. DeChant responded the property was purchased August, 15,
1992. Councilor Fawcett questioned existence of property. Mr.
David Svabik, owner of Beaver Creek Automotive on Lot 13,
responded since the Town of Avon inception; these three lots were
owned together with the easements. Valley Wide Plumbing is
proposing a new building on Lot 12. Mr. Allender added that
Valley Wide Plumbing came before P & Z with a requested package
consisting of a conceptual design review and this variance.
Councilor Hines questioned possible design change to accommodate
39 spaces. Mr. DeChant has not seen this possible idea and added
that 2 spaces are critical; vehicle intensive operation and needs
all possible spaces.
Councilor Roof questioned snow removal. Mr. DeChant responded
the street snow would still land in the buffer area between the
pavement and property line and Tom D'Agostino, owner of Valley
Wide Plumbing & Heating, plans to snowmelt the parking lot.
Mayor Reynolds questioned size of buffer zone. Mr. Pylman
responded the road does not follow the curve of the property line
resulting in a varied buffer zone from 15' to up to 351.
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Mayor Reynolds questioned ability of widening road if this
variance is granted. Mr. Pylman answered widening of road has
not been designed and is questionable if/why. Mr. Pylman noted
reasons to keep parking 10' back from property lines 1s aesthetic,
provide for snow storage, and the ability to provide sidewalks or
road cuts or road widening if it is ever necessary. Mr. DeChant
stated it would be difficult to put road improvements on this side
of the road due to pitch of property line down to road.
Mr. Pylman noted the main concern for denial was hardship of the
applicant and the Staff did not really observe one as there is the
possibility to come very close to accommodating the requested
spaces. Mr. DeChant added that the Municipal Code states
practical difficulty or unnecessary physical hardship and
mentioned lack of definition of hardship. Mr. DeChant stated
this easement has placed a difficulty on this site.
Councilor Fawcett questioned any new arguments presented to
Council that were not presented to Staff or P & Z. Mr. DeChant
added research has been more thorough. Mr. DeChant noted the
building that Beck is in set the precedent and this item surfaced
after the P & Z meeting. Mr. DeChant noted difficulty in
defining hardship. Councilor Fawcett agreed the easement could be
a hardship, however the easement existed prior to Mr. D'Agostino
acquiring the property.
Councilor Nottingham mentioned comments from property owners in
Wildridge concerned with the aesthetics of the entrance to their
properties. Mr. DeChant noted the horizontal separation of this
lot and that Mr. D'Agostino is willing to landscape the buffer
area. Mr. Allender commented that there is a feasibility problem
with the street snow landing on the landscaped buffer area.
Mr. Tom D'Agostino stated Valley Wide Plumbing & Heating employs
over 32 workers, each driving to work. In addition, Valley Wide
Plumbing has several trucks. With regard to landscaping, this
would not be at street level but rather up on the steep part. The
building has been placed on the back of the lot to maximize the
parking lot. Currently, Mountain Center (where Valley Wide
Plumbing is presently located) is double and triple.parked from
7am-5:30pm. This site was designed for service business and
Valley Wide Plumbing plans to grow.
Mr. David Svabik, owner of Beaver Creek Automotive and owner of
lot right next to Mr. D'Agostino, expressed agreement with the
design and parking variance request of Mr. D'Agostino.
Mr. Mike Eatem, construction manager, because of the great buffer
area, felt this to be a judgement call.
Councilor Nottingham voiced concern of this not being an ideal
spot for growth as the moment they move in they will be out of
space.
Mr. D'Agostino commented that as many employees carpool as
possible and reiterated that the parking lot snow will be melted.
Councilor Nottingham motioned to don't uphold the decision of the
Planning & Zoning regarding Lot 12, Block 1, Benchmark at Beaver
Creek on February 16, 1993 parking variance.
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Councilor Nottingham voiced her reasonings as findings required
that the variance is warranted for one or more of the following
reasons; there are exceptional or extraordinary circumstances or
conditions applicable to the site of the variance that do not
generally apply to other properties in the vicinity. Councilor
Nottingham continued by thinking of the difference in the curve of
the road and the natural berm or variance that you have in the
verticalness of the street versus the property. And, another
thing because you and everybody has found out that there has been
precedent set with Beck & Associates which we have all very much
gotten use to I suppose that number 3, the strict or literal
interpretation and enforcement of the specific regulation would
deprive the applicant of privileges enjoyed by the owners of other
properties in the vicinity.
Councilor Hines seconded the motion.
Councilor Roof clarified
decision of the Planning
Councilor Fawcett voiced
Fawcett noted that P & Z
indication is that other
presented with any new ii
motion; the motion is to reverse the
& Zoning Commission.
his opposition to the motion. Councilor
voted against this 5 to 1. The
than the Beck property, we have not been
iformation.
Mr. DeChant commented the Council has a better knowledge of facts
than the P & Z.
With no further comments, Mayor Reynolds called for the vote.
Motion failed with Councilors Fawcett, Hines, and Roof opposed.
Mayor Reynolds announced Mr. D'Agostino's request has been
denied.
Next item under New Business was Nottingham Lake Sediment Pond /
Landscape Architectural Services.
Mr. Norm Wood informed that the Avon Metro District through
Intermountain Engineering is preparing a design for a
sedimentation pond to be built at the entrance to the Lake. The
proposal from Land Designs by Ellison addresses the landscaping
around the proposed sedimentation pond. This proposal is for a
fee not to exceed $6,900.00 and includes final design for
landscaping to conform with the current budget of $68,000. Staff
recommends approval of this proposal.
Councilor Fawcett motioned to approve the contract submitted by
Norman Wood, Town Engineer, relative to the Nottingham Lake
Sedimentation Pond proposal for landscape / architectural
services. Councilor Nottingham seconded the motion and the motion
carried unanimously.
Next item under New Business was the Proposal for Engineering
Services / Metcalf - Nottingham Overlay.
Mr. Wood informed this proposal is from Intermountain Engineering
to provide engineering services related to the asphalt overlay on
Nottingham, Metcalf, and West Wildwood Road that is a part of the
Mountain Star Subdivision Development.
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In the Improvements Agreement, Mountain
the cost of the overlay on this section
$300,000. This engineering proposal is
the $300,000) and covers engineering se:
bid documents, contract administration,
asphalt overlay.
E
Star has agreed to cover
of the road for up to
for a total of $18,040 (of
rvices necessary to prepare
and quality control for an
Councilor Hines motioned to approve the proposal dated March 2nd
from Intermountain Engineering. Councilor Fawcett seconded the
motion and the motion carried unanimously.
The Financial Matters were next presented to Council.
Councilor Nottingham motioned to receive items #1 through #6 and
approve items #7 through #8. The motion was seconded by Councilor
Roof and was unanimously carried.
Next presented to Council were the Council Meeting Minutes.
Councilor Hines motioned approval of the February 23, 1993 Regular
Council Meeting minutes as presented. The motion was seconded by
Councilor Roof and the motion carried unanimously.
There being no further business to come before Council, Mayor
Reynolds called for a motion to adjourn. Councilor Hines moved to
adjourn. The motion was seconded by Councilor Nottingham. The
meeting was adjourned by Mayor Reynolds at 8:54pm.
RESPECTFULLY SUBMITTED:
Patty Ney rt, own clerk
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EXHIBIT A
March 9, 1993
TO: Avon Town Council Members
FROM: Douglas M. DeChant, on behalf of Tom D'Agostino, Valley Wide Plumbing & Heating
RE: PARKING VARIANCE, LOT 12, BLOCK 1, METCALF ROAD
PROPOSED VALLEY WIDE PLUMBING & HEATING FACILITY
The Town of Avon Zoning ordinance does not permit parking in the front ten feet of the required front yard.
The Planning & Zoning Commission denied a parking setback variance based upon their response to the
Zoning ordinance, Chapter 17, "Variances", Paragraphs 17.36.050, A, B, Cl, C2, C3. A copy of this
regulation is attached for your information.
In this appeal, we respectfully request the Town Council to consider the following:
GENERAL:
The nature of Valley Wide's operation is vehicle intensive. All field service and contracting employees arrive
at work via personal transportation, park, load and organize service vehicles and leave for various work sites
in the service vehicles. During transition times, the site must accommodate not only employee vehicles, but
the service fleet as well. Thus, vehicle density in this type of operation is greater than standard industrial
operations wherein the work is accomplished strictly on site and parking is primarily required only for
personal employee vehicles. Accordingly, we have taken every step possible to maximize on-site parking.
The zoning and siting of the subject property was established prior to current ownership, at a time when the
Town was being planned and subdivided. Part of this siting process resulted in an access easement across the
property to serve the two adjacent properties. This easement was necessary to make the transition between
the street and rather steeply pitched sites. Basically, the easement responds to unique characteristics of this
site, and therefore places distinct limitations on the property which do not exist for the majority of properties
in Avon. The effect is to limit the manner in which the property can be developed.
Significant in this request is the original intent of the setback regulation. We believe the intent is to insure
some amount of aesthetic, safety and snow storage buffer between the pavement and front property line. The
location of existing street paving in front of this site, combined with the steep grade in the easement virtually
assure a good buffer here. The front property line ranges from ten to forty feet from existing pavement,
averaging over twenty-five feet. We believe this is a good buffer, more than often available on other sites
in compliance with the setback requirement. Further, if the street is ever to be widened, it would likely be
widened on the opposite side, on gentler terrain.
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To approve this variance request, the Council must respond favorably to the requirements of Paragraph
17.36.050 of the Zoning ordinance:
PARAGRAPH 17.36.050, A:
This paragraph seeks to assure that granting the variance will not constitute granting of "...special privilege..."
to this property.
On the surface it may appear to be a privilege to grant this variance, however, any advantage would go no
further than to offset the limitation created by the easement.
PARAGRAPH 17.36.050. B:
This paragraph seeks to assure the public health, safety and welfare.
Our response is that this requirement is satisfied, possibly even improved upon by granting the variance.
Without the variance, we will likely locate the access lane directly on the front property line, creating a, tight
turning radius for vehicles exiting the property from the south. Given-the variance, we, will place a twenty
foot row of parking stalls along the property line, shifting the access lane inboard by twenty feet, and thereby
increasing the resulting entry/exit turning radius. This will improve approach and vision of vehicles exiting
the site from the south.
PARAGRAPH 17.36.050. C1. C2. C3:
These paragraphs seek to find justification for the variance based upon certain criteria. To be approved, only
one of these justifications need be found applicable. We believe such justification can be found as follows:
PARAGRAPH C l:
This requirement states that the variance could be warranted due to "...practical difficulty or physical
hardship...".
The emphasis of the P&Z commission was upon failure to demonstrate hardship. Unfortunately, hardship is
not defined in the Zoning ordinance, nor was it defined in the hearing. Also, the other choice of "practical
difficulty" was not discussed. It is our contention that the limitation imposed by the easement is a practical
difficulty, and could also be considered a hardship. This difficulty, or hardship, is compounded by the need
to maximize parking for the proposed operations.
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PARAGRAPH C2:
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This requirement seeks to find "...exceptional or extraordinary circumstances or conditions..." not applicable
to other similar properties that could warrant granting the variance.
Again, we contend that.the*presence of the easement alone renders this site different from other similar sites.
Site development, and specifically parking are constrained by the easement.
PARAGRAPH C3:
This requirement seeks to avoid depriving a property owner of privileges *enjoyed by similar properties.
The effect of the access easement is to deprive the owner of flexibility and full use 'in development of his
property.
A further matter not governed by the Zoning ordinance, but used by the P&Z commission in denial of the
request, is the risk of precedent. We believe that risk to be negligible given that the commission still retains
power to approve or deny similar requests.
0 17.36.050-171.36'_.08_0_
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 commission_
deems applicable to the proposed variance. (Ord.. 91-10
§1(part)).
17.36.050 Findings required. The.- planning and zoning
commission shall make the following written findings before
granting a variance:
A. That the granting of the,variance will not consti-
tute 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--det=
rimental to the public health, safety, or-wel.fare, or mate-
rially injurious to properties or improvements in the vi-
cinity;
C. That the variance is warranted for one or more of
the following reasons:
1. The strict, literal interpretation and enforce-
ment 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 circum-
stances or conditions applicable to'the site of the vari_-
ance that do not apply generally to other properties in the
same zone,
forcemeat of Thehesspeciftrictiredlregulatiiteral and en-
applicant of privileges ould deprive the
enjoy ed by the owners of other
properties in the same district. (Ord. 91-i0 §1(part)).
17:36.060 Conditional ranting. The granting,of a
variance may be conditioned on action by the applicant.
(Ord. 91-10 §1(part)).
17.36.070
the time of the
its receipt by
construction is
of issuance and
91-10 §1(part))
Fees--Term. Variance fees shall be paid at
application for the variance and prior to
the applicant. The variance shall lapse if
not-commenced within one year of the date
diligently pursued to completion. (Ord.
17.36.080 Council action. Within seven days follcw-
ing action by the planning and zoning commission, written
findings and decision shall be transmitted to the applicant
and to the town council. Such decision shall be final,
214-24 (Avon 8/91)