TC Res. No. 1987-06i 0
RESOLUTION NO. 87-6
SERIES OF 1987
A RESOLUTION GRANTING A SPECIAL REVIEW USE TO ALLOW
AUTOMOTIVE REPAIR IN THE EAST HALF OF THE BUILDING LOCATED
ON LOT 33, BLOCK 1, BENCHMARK AT BEAVER CREEK
WHEREAS, Peel/Warren Architects, on behalf of Vail
Imports Garage, has requested a Special Review Use to allow
Automotive Repair in the east half of the building located on
Lot 33, Block 1, Benchmark at Beaver Creek, which is located in
the IC (Industrial Commercial) Zone District; and
WHEREAS, automotive and other vehicular sales and repair
shops are allowed in the IC Zone District as a Special Review Use;
and
WHEREAS, the Planning and Zoning Commission has held a
public hearing and has determined that the proposed use:
1. Otherwise complies with all requirements imposed
by the Zoning Code; and
2. Is consistent with the objectives and purposes of
the Zoning Code; and
3. Is deemed compatible with surrounding land uses
and uses in the area; and
WHEREAS, the Planning and Zoning Commission of the Town
has approved the Special Review Use to allow Automotive Repair for
Vail Imports Garage in the east half of the building located on
Lot 33, Block 1, Benchmark at Beaver Creek, subject to:
1. Adequate parking being provided for the proposed use
in conjunction with Chapter 17.24 of the Avon
Municipal Code;
2. The provision that the visible accumulation of
personal property on the site, including but not
limited to, automobile parts, tires, disabled vehicles,
etc., shall be screened from the view of passing
motorists and residential uses in the area, by being
contained within the building or other structure as
may be approved by the Planning and Zoning Commission;
• 9
3. Commission review and approval of all modifications
proposed for the building exterior;
4. Commission review and approval of plans for
individual business signage or a comprehensive
sign program for the entire project;
5. The provision that the Special Review Use shall
expire with the loss of any required parking.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council
of the Town of Avon, Colorado, concurs with the findings and
determinations made by the Planning and Zoning Commission, and
hereby approves the Special Review Use to allow Automotive Repair
for Vail Imports Garage in the east half of the building located
on Lot 33, Block 1, Benchmark at Beaver Creek, subject to:
1. Adequate parking being provided for the proposed
use in conjunction with Chapter 17.24 of the Avon
Municipal Code;
2. The provision that the visible accumulation of
personal property on the site, including but not
limited to, automobile parts, tires, disabled
vehicles, etc., shall be screened from the view of
passing motorists and residential uses in the area,
by being contained within the building or other
structure as may be approved by the Planning and
Zoning Commission;
3. Commission review and approval of all modifications
proposed for the building exterior;
4. Commission review and approval of plans for
individual business signage or a comprehensive
sign program for the entire project;
5. The provision that the Special Review Use shall
expire with the loss of any required parking.
-2-
0
i
ADOPTED AND PASSED, THIS 24th DAY OF February , 1987.
TOWN OF AVON, COLORADO
TTTL+CM .
Allan Notting am Mayor
-3-
Town of Avon P. O. Box 975, Avon, CO 81620 (303) 949-4280
February 25, 1987
Ms.'Rathy Warren
Peel/Warren"Architects
P.O. Box 3370
Vail, Colorado 81658
Re: Special Review Use - Automotive Repair, Lot 33, Block 1, Benchmark
at•Beaver Creek
Special-Review Use - Off-Site Parking, Lot 32, Block 1, Benchmark
at Beaver Creek
Dear Ms. Warren:
At its regular meeting of February 24, 1987, The Avon Town Council approved
Resolution Not-87-6, granting a Special Review Use to allow Automotive Repair in the
East half of the building located on Lot 33, Block 1, Benchmark at Beaver
Creek subject to:
1. Adequate parking being provided for the proposed use
in conjunction with Chapter 17.24 of the Avon Municipal
Code;
2. The provision that the visible accumulation of personal
property on the site, including but not limited to,
automobile parts, tires, disabled vehicles, etc., shall
be screened from the view of passing motorists and-•'
residential uses in the area, by being contained within
the building or other structure- as may be approved by the
Planning and Zoning Commission;
3. Commission review and approval of all modifications proposed
for the building exterior;*
4. Commission review and approval of plans for individual
business signage or-a comprehensive sign program for the
entire project;
5. The provision that the Special Review Use shall expire
with the loss of any required parking.
i
Peel/Warren Architects
page 2
And also, approval of Resolution No. 87-7, granting a Special Review Use
to allow off-site,parking on Lot 32, Block 1, Benchmark at Beaver-Creek-
to serve Lot 33, Block 1, Benchmark at Beaver Creek-subject to:
1. Planning and Zoning Commission review and approval of
a detailed site, grading and drainage, and landscaping
plan for the proposed Off-Site Parking facility.
If you have any questions please do not hesitate-to contact the Town Offices.
Jatticia ely,'
Z6ct-~ / 1 r
Doe
lerk
cc: Norm Wood'
File.
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GHkhL ~-7
I , "-t ORDER
J
EAGLE C11 REG31 ~o ort a "81
DECLARATION OF RESTRICTION
PHILIP M. BARSHOP ("Declarant") is the record and beneficial
owner of Lots 32 and 33. (called herein Lot 32 and Lot 33,
respectively, and collectively called herein the "Lots"), Block
1, Final Plat Amendment No. 1, Lot 5, Block 1, tract A and Tract
B, Benchmark At Beaver Creek, according to the Plat recorded
April 27, 1976, in Book 246 at Page 43 of the real property
records in the Office of the Clerk and Recorder for the County of
Eagle, State of Colorado.
Declarant does hereby make, publish and declare that the '
following restriction shall be deemed to run with the land, shall
be a burden and a benefit to Declarant, his heirs, personal
representatives, successors and assigns, and any person or entity
acquiring or owning an interest in the Lots and improvements
built thereon, their grantees, successors, heirs, personal
representatives, devisees or assigns, and the Town of Avon by and
through its "Planning Director", as such term is defined in the
Zoning Code of the Town of'Avon (the "Zoning Code").
RESTRICTION
So-long as the existing structure located on Lot 33 exists,
there shall be deemed to be a "Lot Setback", as such term is
defined in the Zoning Code, of eleven feet from the western side
lot line of Lot 32 such that the area of such lot setback shall
remain unoccupied and unobstructed from the ground level upward.
If any person shall violate or threaten to violate the above
restriction, it shall_ be lawful for any owner of the Lots or the
Planning Director to institute proceedings to,enforce the
provisions of this Declaration, to restrain the person violating
or threatening to violate them and to recover costs and
o reasonable attorney's fee incurred in s ch proceedings.
~t t
EXECUTED this -2-3 day of 1987.
Philip ars op
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing Declarat on o$ Restriction was acknowledged
before me this day of QA~ 1987, by Philip M.
Barshop.
Witness my hand and official seal.
My commission expires:
r
otary Public