TC Res. No. 1985-26• 0
RESOLUTION NO. 85-26
SERIES OF 1985
A RESOLUTION DENYING A VARIANCE REQUEST TO ALLOW A
MINIMUM STREET RIGHT-OF-WAY WIDTH OF FORTY FEET IN WYNFIELD SUB-
DIVISION, A RESUBDIVISION OF LOTS 29, 30, 31, and 32, BLOCK 2,
BENCHMARK AT BEAVER CREEK.
WHEREAS, the Sunroad Group, Ltd., has submitted a
request for a variance from Section 16.40.060 of the Avon Munici-
pal Code to allow a minimum street right-of-way width of forty
feet, instead of the required fifty feet; and
WHEREAS, the requested variance was referred to the
Planning and Zoning Commission for review and recommendation; and
WHEREAS, the Planning and Zoning Commission reviewed
the variance request for conformance with the following criteria:
1. Whether a strict, literal application of these
subdivision regulations would result in an undue hardship to
the subdivider due to purpose, size, shape, location, and character
of the proposed subdivision;
2. Whether the provisions of the regulations from which
relief is requested are not materially important, in a planning
sense, to the orderly controlled development of the tract in
question;
3. Whether the granting of the request might adversly
affect the use of the land in the immediate area of the tract in
question; and
WHEREAS, the Planning and Zoning Commission has deter-
mined:
1. The application did not show undue hardship;
2. The requested variance is materially important, in
a planning sense, in that the requested variance does not allow
adequate room for future turn lanes, walkways, greenbelt and utility
installations;
3. The requested variance does adversly affect use of
land in the immediate area, due to restricted vehicular and pedes-
trian movements; and
1
WHEREAS, the Planning and Zoning Commission recommends
the variance request be denied, based upon the above determinations.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council
of the Town of Avon, that the Town Council concurs with the
determinations of the Planning and Zoning Commission, and this
variance request is hereby denied.
ADOPTED AND PASSED THIS9Lt;eday of , 1985.
TOWN COUNCIL
TOWN OF AVON
r
Allan R. ottingh7,~ayo
AT
TEST:
a rT pcz~
Patricia J. yle, To Clerk
2
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APPLICATION FOR VARIANCE,
TOWN OF AVON SUBDIVISION REGULATIONS
_Fame of Development: Wynfield Subidivision
Location: Resubdivision of Lots 29, 30, 31
and 32, Block 2, Benchmark at
Beaver Creek
Size: Approximately seven (7) acres
total.
Names mes and Addres_s-_ of Owners: r .
Sunroad Group, Ltd:, 1450-,Frazee
-Road, Suite 714,- San Diego, Calif.
92108
List of Adjacent Owners and their addresses: This
..information has already been supplied to"the Town of
Avon.
Provisions of Subdivision Regulations from which
Variance-is-requested: Section 16.40.060 Right of.-Way',
Widths: 40 foot right of way instead of 50 foot right
of way.
Reason for Request for Variance:
.a. A strict, literal application of the
subdivision regulations as regards right of way
widths would result in an undue hardship to the
subdivider due to the purpose, size, shape,
location, and character of the proposed.
subdivision;
b. The provisions of the regulations from which
relief is requested are not materially important,
in a planning sense, to the orderly controlled
development of the tract in question;
C. The granting of the request for variance will
not adversly affect the use of the land in the
immediate area of the tract in question.
Signature of Applicant:
SUNR GROUP, L
BY: Dennis D. Cole
Attorney at Law
TOWN COUNCIL ACTION
Received this day of June, 1985.
BY:
The within request for Variance (granted, denied)
this day of 1985 for the
following reasons `
TOWN COUNCIL OF TOWN OF AVON
BY:
ATTEST:
Mayor
Town Clerk
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STAFF REPORT TO PLANNING & ZONING COMMISSION - 6%27/85
Lots 29-32, Block 2, Benchmark at Beaver Creek
Proposed Lot 2, Block 1, Wynfield Subdivision
Wynfield Inn
Variance Request to Reduce Street Right-of-Way Width'to 40 Feet
INTRODUCTION:
Applicant is requesting a variance from subdivision regulation (16.40.060)
pertaining to right-of-way widths. The requested variance would allow decreasing
the'right-of-way width of proposed'Wynfield Place from 50 feet to 40 feet. The
variance request is accompanied by a sketch showing preliminary plat revisions
changing the configuration of Wyynfield Place from a through street to a street
starting at West Beaver Creek Boulevard, and terminating with a cul-de-sac.
Section-16.12.020 of the Avon Municipal Code States:
A.. Upon application by a subdivider,lthe town council, may at its discretion,
grant variances, as 'provided in Chapter 16.44, from some'or any requirements
of these regulations based upon'the following criteria:
1. Whether a strict, literal application of,these subdivision regulations
would result in an undue hardship to the subdivider due to the purpose,
size, shape, location, and character of the proposed subdivision;
2. Whether the provisions of the regulations from which relief is requested
are not materially important, 'in a planning sense, to the orderly
controlled development of the tract in question;
3. Whether the granting of the request might adversely affect the use of
the land in the immediate area of the tract in question.
B. A variance granted by the town council may contain limitations as to time
or disposition or use of the tract in question in order to insure that the
stated purpose of the variance request is realized. (Ord. 79-9 S2.05).
The Town Council has referred this variance request to the Planning and Zoning
Commission for their recommendations prior to Council action.
STAFF COMMENTS:
The variance request'is for a reduction in the minimum street right-of-way width
from 50 feet to 40 feet. This should be maintained as a separate issue from the
plat revisions shown on the sketch submitted with the variance request.
Staff Report to Planning & Zoning Commission - 6/27/85
Lots'29-32, Block 2, Benchmark at Beaver Creek
Proposed Lot 2, Block 1, Wynfield Subdivision
Wynfield Inn
Variance Request to Reduce Street Right-of-Way Width to 40 Feet
Page 2 of 5
STAFF COMMENTS, CON'T.:
Questions related specifically to the variance request are:
1. Has the developer shown undue hardship that would result from a 50 foot
right-of-way width requirement?
2. Has the developer shown that granting of:the requested variance is not
materially important, in'a planning sense, to the orderly controlled
development of the tract in question?
3. Has the developer shown that granting of requested variance will not
adversely affect the use of the land in the immediate area of the
tract in question?
The following comments may be pertinent to the above questions:
1. Undue Hardship
a. The 10 foot reduction in right-of-way'width does not create a
developable tract which otherwise does not exist;
,b. There are no physical limitations on the site which would require
the narrower right-of-way;
2. Materially Important in Planning Sense
a. Requested variance would not provide adequate width for future
turn lane;
b. Requested variance would reduce available space for walkways,
greenbelt and utility installations;
3. Affect on Use of Land in The Area
a. -.Elimination of future turn lanes could significantly impact vehicular
traffic circulation in the area;
b. Reduction of space for walkways could restrict pedestrian movements
throughout the area;
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Staff Report to Planning & Zoning
Lots 29-32, Block 2, Benchmark at
Proposed Lot 2, Block 1, Wynfield
Wynfield Inn
Variance Request to Reduce Street
Page 3 of 5
STAFF COMMENTS, : CON' T. :
U
Commission - 6/27/85
Beaver Creek
Subdivision
Right-of-Way Width to 40 Feet
c. Reduction of available greenbelt areas may have a negative impact
on aesthetic quality throughout the area
d. Reduction in available space for utility installation may require
installation under paved areas or additional easements across
private property.
The following information relates to revisions shown on the sketch submitted with
variance request which are in addition to the requested change in required right-of-
way width. This sketch shows Wynfield Place as~a dead-end street starting at
West Beaver Creek Boulevard and terminating in a cul-de-sac rather than a
through street as previously shown. The notherly line of existing Lot 30 is
shown as relocated to the north at the common corner with Avon Road.
The following may be pertinent in considering these changes:
1. The relocation of the northerly line of existing Lot 30 may preclude
access from Avon Road to proposed Lot 1 (existing Lot 29), due to
highway department restrictions. Past conversations indicate there are
currently restrictions which require entrances to be located at least
300 feet from Interstate 70. The southerly line of Lot 29, (proposed
Lot 1), is presently located approximately 345 feet from I-70. Dimensions
are not shown, but the proposed lot line appears to be approximately
285 feet from I-70;
2. If an acceptable access location to Lot 29 (proposed Lot 1) i_s maintained
from Avon Road, Wynfield Place would not be required as a dedicated
.street. All lots within the proposed subdivision would have access from
existing public streets;
3. A through street is desireable for improved circulation in the Avon Road,
Beaver Creek Boulevard vicinity, but a dedicated street right-of-way is
not required for access to any lot as shown on the original submittal.
A public street through the subdivision was a recommended option to the
developer, not a requirement;
Staff Report to Planning & Zoning Commission - 6/27/85
Lot's 29-32, Block 2, Benchmark at Beaver Creek
Proposed Lot 2, Block 1, Wynfield Subdivision
Wynfield Inn
Variance Request to Reduce Street Right-of-Way Width to 40 feet
Page 4 of 5
STAFF COMMENTS,,CON'T.:
4. A dead-end, cul-de-sac street does not improve circulation and is not
necessary to provide access to any lot as shown on the original submittal.
If developer desires common access for proposed Lots 1, 2, and 3, 'a
common access easement would seem to accomplish the same result without
the town assuming responsibility for maintaining,a dedicated street that
is not required for access and does nothing',to improve circulation patterns
in the core area of town.
RECOMMENDED PROCEDURE:
1: Introduce requested action;
2.'"Presentation by applicant;
3. Staff comments;
4. Commission review of criteria for granting of,'variance and impact of
indicated revisions to preliminary plat;
5. Formulate recommendation to Council;
a. Recommendation to,grant or deny variance requested based upon
criteria evaluation;
b. Amendment to prior recommendation to Council with regard to
approval of preliminary plat and proposed revisions'to plat.
Respectfully Submitted,
Norm Wood
Director of Engineering
and Community Development
Planning and Zoning Action:
Approved as Submitted ( ) Approved with Recommended Conditions
Approved with Modified Conditions ( ) Continued ( ) Denied
Date Patricia Cuny, Secretary
Withdrawn ( )
Staff Report to Planning & Zoning Commission.- 6/27/85
Lots 29-32, Block 2, Benchmark at'Beaver Creek
Proposed Lot 2, Block 1, Wynfield Subdivision
Wynfield Inn
Variance~Request to Reduce Street Right-of-Way Width to 40 Feet
Page, 5 of .5
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