TC Res. No. 1988-270 i
TOWN OF AVON
RESOLUTION NO. 88 - 27
A RESOLUTION APPROVING A SPECIAL REVIEW USE TO
ALLOW THE TRANSFER OF ONE RESIDENTIAL DEVELOPMENT
RIGHT FROM LOT 64, BLOCK 4, WILDRIDGE SUBDIVISION
TO LOT 23, BLOCK 1, BENCHMARK AT BEAVER CREEK
SUBDIVISION, AND TO ALLOW A RESIDENTIAL USE IN
CONNECTION WITH A BUSINESS AS PERMITTED AS A SPECIAL
REVIEW USE IN THE IC (INDUSTRIAL COMMERCIAL) ZONE
DISTRICT
WHEREAS, Henry V. and Ester Wolff, owners of the Wolff
Warehouse, located on Lot 23, Block 1, Benchmark at Beaver Creek
Subdivision, which is located in the IC Zone District, have
requested a Special Review Use to allow the transfer of one
residential development right onto Lot 23, Block 1, Benchmark at
Beaver Creek Subdivision and a residential use in connection with
a business; and
WHEREAS, transfer of a residential development right and
a residential use in connection with a business 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
of Avon has approved the Special Review Use to allow the transfer
of one (1) residential development right from Lot 64, Block 4,
Wildridge Subdivision to Lot 23, Block 1, Benchmark at Beaver
Creek Subdivision, and to allow a residential use in connection
with a business as permitted as a Special Review Use in the IC
(Industrial Commercial) Zone District, subject to:
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1. Residential use is restricted to employees of the
tenant businesses of the Wolff Warehouse, Lot 23,
Block 1, Benchmark at Beaver Creek Subdivision.
2. Residential use comply with all current technical
codes adopted by the Town of Avon.
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 to allow the transfer of one
residential development right from Lot 64, Block 4, Wildridge
Subdivision to Lot 23, Block 1, Benchmark at Beaver Creek Sub-
division and a residential use in connection with a business as
permitted as a Special Review Use in the IC (Industrial Commercial)
Zone District, subject to the following conditions:
1. Residential use is restricted to employees of the
tenant businesses of the Wolf Warehouse, Lot 23,
Block 1, Benchmark at Beaver Creek Subdivision.
2. Residential use shall comply with all current technical
codes adopted by the Town of Avon.
ADOPTED AND PASSED, this 13th day of December , 1988.
TOWN OF AVON, COLORADO
All An R.\,. am, Mayor
ATTEST:
0
M E M O
TO:
FROM:
DATE:
Norm, Wood
Lynn Fritzlen
November 17, 1988
At the regularly scheduled meeting of the Planning and Zoning
Commission on November 15, 1988, Resolution 88-10 was approved.
Resolution 88-10 reads as follows:
RESOLUTION RECOMMENDING TO THE AVON TOWN COUNCIL
APPROVAL OF A SPECIAL REVIEW USE MALLOW THE
TRANSFER OF ONE RESIDENTIAL DEVELOPMENT RIGHT
FROM LOT 64, BLOCK 4, WILDRIDGE SUBDIVISION TO
-LOT 23,, BLOCK 1, BENCHMARK AT-BEAVER CREEK
SUBDIVISION, AND TO ALLOW A RESIDENTIAL USE IN
CONNECTION WITH A BUSINESS AS PERMITTED AS A
SPECIAL REVIEW USE IN THE IC (INDUSTRIAL COMMERCIAL)
ZONE DISTRICT
I have prepared a Resolution for approval by the Town Council
in accordance with the Planning and Zoning Commission recommendations.
RECOMMENDED ACTION:
Approve Resolution 88-27
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TOWN OF AVON
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 88 - 10
SERIES OF 1988
RESOLUTION RECOMMENDING TO THE AVON TOTN COUNCIL
APPROVAL OF A SPECIAL REVIEW USE TO ALLOW THE
TRANSFER OF ONE RESIDENTIAL DEVELOPMENT RIGHT
FROM LOT 64, BLOCK 4, WILDRIDGE SUBDIVISION TO
LOT 23, BLOCK 1, BENCHMARK AT BEAVER CREEK
SUBDIVISION, AND TO ALLOW A RESIDENTIAL USE IN
CONNECTION WITH A BUSINESS AS PERMITTED AS A
SPECIAL REVIEW USE IN THE IC (INDUSTRIAL COMMERCIAL)
ZONE DISTRICT
WHEREAS, Henry V. and Ester Wolff, owners of the Wolff
Warehouse, located on Lot 23, Block 1, Benchmark at Beaver Creek
Subdivision, which is located in the IC Zone District, have
requested a Special Review Use to allow the transfer of one
residential development right onto Lot 23, Block 1, Benchmark at
Beaver Creek Subdivision and a residential use in connection
with a business; and
WHEREAS, transfer of a residential development right and
a residential use in connection with a business are allowed in
the IC Zone District as a Special Review Use; and
WHEREAS, a public hearing has been held by the Planning
and Zoning Commission of the Town of Avon, pursuant to notices
required by law, at which the applicant and the public were given
an opportunity to express their opinions and present certain ,
information and reports regarding the proposed Special Review Use;
and
WHEREAS, the Planning and Zoning Commission has determined
that the proposed uses:
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
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3. Is deemed compatible with surrounding land uses and
uses in the area.
NOW, THEREFORE, BE IT RESOLVED, by the Planning and
Zoning Commission of the Town of Avon, Colorado, that:
The Planning and Zoning Commission hereby approves and
recommends to the Avon Town Council of the Town of Avon, Colorado,
approval of,the Special Review Use to allow for the transfer of
one residential development right from Lot 64, Block 4, Wildridge
Subdivision to Lot 23, Block 1, Benchmark at Beaver Creek Sub-
Division and a residential use in connection with a business as
permitted as a Special Review Use in the IC (Industrial Commercial)
Zone District, subject to:
1. Residential use is restricted to employees of the
tenant businesses of the Wolff Warehouse, Lot 23,
Block 1, Benchmark at Beaver Creek Subdivision.
2. Residential use comply with all current technical
codes adopted by the Town of Avon.
APPROVED THIS ( DAY OF ; i " '(WI 1988 .
Denise Hill, Secretary Patricia Cuny, Chai man
STAFF REPORT TO THE PLANNING AND ZONING COMMISSION
November 15, 1988
Lot 23, Block 1, Benchmark at Beaver Creek
Section 36, Inc. and Henry and Ester Wolff
Special Review Use for Transfer of One
Residential Development Right and a Residential Use
In the IC Zone District
INTRODUCTION
Linda Rogers, on behalf of Section 36,: Inc. and Henry and
Ester Wolff is requesting a Specia-1 Review Use for transfer,
from Lot 64, Block 4, Wildridge Subdivision, of one
residential development right and a residential use in
connection with a business on Lot 23, Block 1, Benchmark at
Beaver Creek, commonly known as the Wolff Warehouse. Section
36, Inc. is the owner of residential development right and
the Wolffs are owners of Lot 23.
Transfer of residential development rights in other than a
SPA and a residential use in connection with a business
district are both Special Review Uses. Residential uses not
in connection with a business are not allowed in an IC Zone
District.
Residential use in connection with a business would typically
be restricted to employees of the business,- therefore
offsetting additional parking needs.
Currently there exists a two bedroom residential unit on the
second floor of the building as indicated on the plan with
this report. This unit cannot be legally occupied as a
residence until the Special Review Use is granted and the
residential development right transferred.
STAFF COMMENTS
Following are Staff comments to the applicable design review
considerations:
Section 6.10 - The Commission shall consider the following
items in reviewing the design of a proposed project.
Section 6.11 - The conformance with the Zoning Code and other
applicable rules and regulations of the Town of Avon.
If the use is limited to the employees of the
businesses, no additional parking will be required.
Approval of Special Review Use should be contingent
upon compliance with current.bu'ilding codes.
Particular areas of concern are egress, and fire
•
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Staff Report to the Planning and Zoning Commission
November 15, 1988
Lot 23, Block 1, Benchmark at Beaver Creek
Section 36, Inc. and Henry and Ester Wolff
Special Review Use for Transfer of One
Residential Development Right and A
Residential Use in the IC Zone District
Page 2 of 3
protection for the residential use.
Section 6.12 and 6.16 - Not applicable.
Section 6.17 - The general conformance of the proposed
improvements with the adopted Goals, Policies and Programs
for the Town of Avon.
There are no adopted goals for District 6.
STAFF RECOMMENDATION'
Approval of both Special Review Uses is recommended,
conditioned by the following:
1. Residential use is restricted to employees of
the tenant businesses.'
2. Residential use comply with all current
technical codes adopted by the Town of Avon.
3. Adopt Resolution 88-10
RECOMMENDED ACTION
1. Introduce Project;
2. Presentation by Applicant;
3. Open Public Hearing
4. Close Public Hearing
5. Commission Review of Application;
. 6. Act on Application.
Respectfully submitted,
------Lynn'- Fri tzl en
Director of Community Development
Staff Report to the Planning and Zoning'Commission
November 15, 1988
Lot 23, Block 1, Benchmark at Beaver Creek
Section.36, Inc and Henry and Ester Wolff
Special Review Use for Transfer of One
Residential Development Right and a
Residential Use in the IC Zone District
Page 3 of 3
PLANNING AND ZONING ACTION
Approved as Submitted ( ) Approved with Recommended
Conditions ( ) Approved with Modified Conditions ( )
Continued ( ) Denied ( )'Withdrawn ( )
Date Denise Hill, Secretary
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APPLICATION FOR SPECIAL REVIEW USE
ie undersigned hereby requests that a SPECIAL REVIEW USE be granted in accordance with
re terms of the To+.•m of Avon Municipal Code. In support of this application, the
rdersigned states:
The Spec iaT Review Use requested is:
f3i'1 E' l~C. A"VL-) 1),e r?- /A/ THE A215-7221c _T
Legal description of property: L, r z< / ` r
Z le
Y r- fZ of E / /C C k; l C% /~-/c7T 2AC. A IL I 'l 11t7 -
Address of property is:
e el;, I- AD n
Owner of described property: l1/~:~Fr-
Applicant for Special Review Use: ~2 . 45-G7-1 ae. t5, Z- '-7 7-1-7 0,V
Zoning classification of property: -6ey-11+
Existing improvements on property consist of: Z4
6 P q 6-ea / n!: t ; />>c? A/'T
:ration of proposed Special Review Use is: Permanent X Temporary Years
,:.:.re is hereby attachEd a list of the names and addresses of c l i property 01'.lners
:hin 300 feet of the property upon which the Special Use perit is requested,
.'c the ►-Equired notices for mailing and posting.
--_itional cor.,eIts: ' /D ~rll-) ///V/ T 444-c-! 17 't'
Rec-- ZEE C-
/S .'mil / lr~ N c i.7 ~ /"•'iF' i-'~,~? i
D hereby' certify that the above statements are true and correct and the application is
ned as an acknowledgement of that fact. I am the owner of the above described property
authorized to act as agent for the owner.
1 icant G,A✓~~ P~O~.Ef2S~ Tiriv A&
v• 6x 32 Al A G~
,ess & one Number
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Owner
n0. oil D l/E/✓✓E~2
Address & Phone Number
o n2
Dated
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November 1, 1383
N0PICE OF PUBLIC HEARIr;'-
'10 WHChI IT MAY CONCERN:
-You are hereby notified pursuant to the provisions of Section 17.20.030 R.1
of the Avon Municipal Code, that a public he:arirx3 cxi the following matter will be
held and considered at the meeting of the Plmining ahd Zoning Commission of the
Town of Avon, on November 15, 1988, at 7:30 P.M., in the Avon Municipal Complex,
400 Benchmark Read, Avon, Colorado, at which time and place you are hereby invited
to be present arxl be heard.
PROPERTY OWNER:
Henry U. & Ester Wolff
P. O. Box 4404
Denver, CC) 80204
APPLICALJ'r:
LEGAL, DESCKIP21W OF PROPERTY:
ADDRESS OF PROPEWY:
REQUEWED CHAW;E & PROPOSED USE:
DEADLINE :
OTHER:
i
Patricia J. Doyle, Town Clerk
Section 36, Inc.
P. O. Brix 329
Avon, (1) 81620
Lot 23, Block 1, Benchmark at Beaver Creek,
County of Eagle, State of Colorado
810 Nottingham Road
'transfer of one Residential Development
Right fron Lot 64, Block 4, Wildridge
Subdivision, which currently has 4
Residential Development Rights to Lot 23,
Block 1, Benchmark at Beaver Creek, which
currently h~is no Residential Development
Rights, and to allow a residential use in
connection with,a 1?usiness as permitted as
a SNcial Review Use in the Industrial
Cannercial Zone District.
If you wish to lie heard on this matter you
may app:!ar Fx:rsonally or by designated
agent at the public hearing on November 15,
1988, OR you may file a written statement
with the Town Clerk, Town of Avon, P. O.
Box 975, Avon, CD 81620.
In order to be eonsidere~d by the Planning
and Zoning Co,mnission, such written
statement ,nest be received in' the Town
Offices no later than 4:00 P.M., Tuesday;
November. 15, 1988.
Applicant is represented by Linda Rodgers,
Vice President, Section 36, Inc., P. O. Box
329, Avon, GD 81620 -(303) 949-5743.
Recordinq Secretary
Planning & Zoning Coimnission
PUSTED Ar THE FOLLOING PUBLIC PLACES W1T11Lq THE Ta N Cx' AWN - November 2, 1968
CCWS`rAL MART SPORE
EN'1't2ANCE `W CITY MARKET
&'4f1WNCE TO AVON POST OFFICE
MHIN LOBBY, AVC14 MUNICIPAL COMPLEX
ADDRESSES OF PRtOPERrY OWNERS WITHIN 300 FI:[,1' OF 117r 23, BLACK 1,
BENCHMARK AT BEAVER CREEK S013DIVISIClq AS Or 11/1/38:
BENCHMARK AT BEAVER CRCE.K SUBDIVISION:
1. Lot 22, Block 1 Alvin Franzen
5570 E. 56th Ave.
Comtierce City, CO 80022
2. Lot 24, Block 1 Gallegos F•lasonry, Inc.
Box 821
Vail, M. 81638
3.
4.
5.
e.
7.
8.
9.
Lot 25, Block 1
Lot 32, Block 1
Lot 33, Block 1
Lot 34, Block 1
Lot 35, Block 4
A portion of Section 33,
T4S,R82W, County of
Eagle, State of Colorado
I-70 Right-of-Way
Dear-aoyle, Jenny Lee
c/o Darlene Deer Truchses .
Box :392
Crested BLItte, CO 84221
Philip Barshop .
1000 Central Pkwy. N..
San Antonio, TX 78222
Philip Barshop
1000 Central, Pkwy. N.
Sari Antonio, TX 78222
MetcalE Ctr.
coo Proles rty Rental Mgmt.
143 E. Meadcv Dr., Sn-35-A
Vail, CU 81657
Donald Ryan
Box 426
Norton, ICS 67654
U. S. Forest Service
Mintlirn Office
U. S. 24 LIX Harrison
Minturn, CO 81645
State Dent. of Highways
c/o Division of Highways
4201 E. Arkansas Avenue
Denver, CO 80222
ll/U1/88/lr