TC Res. No. 2005-30 APPROVING SUBDIVISION VARIANCE FOR PROPOSEDTOWN OF AVON
RESOLUTION NO. 05-30
Series of 2005
A RESOLUTION APPROVING SUBDIVISION VARIANCE FOR PROPOSED
DRY CREEK P.U.D., A RESUBDIVISION OF LOT 44, BLOCK 2, WILDRIDGE,
TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Blue Bird Meadow, LLC has applied for a Preliminary Subdivision Plan
and Subdivision Variance approval for the proposed Dry Creek P.U.D. a Resubdivision
of Lot 44, Block 2, Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, said Subdivision Preliminary Plan provides for the resubdivision of an
existing four-plex lot into three single family lots with access by easement from an
existing public street; and
WHEREAS, said Variance application is to allow the creation of two lots that do not
have a frontage width of at least 25 feet on a dedicated street as required by Section
16.40.330 of the Avon Municipal Code; and
WHEREAS, The Town Council of the Town of Avon finds that the requested Variance
does not comply with the following criteria:
1) A strict, literal application of the 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) 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) The granting of the request will not adversely affect the use of the land in
the immediate area of the tract in question; and
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO that the Town hereby finds and determines that the
Proposed Subdivision Variance for Lot 44, Block 2, Wildridge, Town of Avon, Eagle
County, Colorado is hereby approved based on the following findings:
1) A strict, literal application of the 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) 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) The granting of the request will not adversely affect the use of the land in
the immediate area of the tract in question.
ADOPTED THIS xL:, DAY OF July, 2005.
TOWN COUNCIL
TOWN OF AVON, COLORADO
04% OF
Ronald C. Wolfe, Mayo
1.7 YJ ~ ~J
ATTEST: L 0 R K
1 1c l
Pa Kenn wn Clerk
Resolution No. 05-30 L44B2WR
Page 2 of 2
Mem0-
TO: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Enginee
Date: July 21, 2005
Re: Resolution No. 05-30 - A Resolution Denying Subdivision Variance for Proposed
Dry Creek P.U.D. A Resubdivision of Lot 44; Block 2, Wildridge
(2510 Old Trail Road)
Summary: Blue Bird Meadow, LLC has submitted an application' for a
Subdivision Variance and Subdivision Preliminary Plan approval in conjunction with a PUD
Amendment Application for Lot 44, Block 2, Wildridge. The proposed PUD Amendment
and Subdivision would convert one four-plex lot into three sirigle-family lots. Two of the
three lots have no frontage on a public street and proposed access to all three of the lots is
from Old Trail Road through a currently undefined proposed easement on adjacent Lot 45.
Preliminary Subdivision Plans do not show extension of existing water and sewer mains to
provide service to the newly created lots.
The Variance Application is to allow the creation of the two lots that do not have a minimum
frontage width of at least 25 feet on a dedicated street as required by Section 16.40.330 of the
Avon Municipal Code.
The criteria for approval of a Subdivision Variance are:
1) A strict, literal application of the 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) 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) The granting of the request will not adversely affect the use of the land in the
immediate area of the tract in question.
I:\Engineering\Subdivision\Wildridge\L44b2wnrsO530 Memo- L Doc
Following a public hearing, the Planning and Zoning Commission adopted Resolution No.
05-07 recommending approval of the proposed Dry Creek P.U.D. Application at their July 5,
2005 meeting. Ordinance No. 05-09, An Ordinance Approving an Amendment to the
Wildridge Planned Unit Development (PUD) for Lot 44, Block 2, Wildridge Subdivision,
Town of Avon, Eagle County, Colorado, is being presented to Council for first reading as a
separate agenda item. The proposed Subdivision Variance Application should be considered
in conjunction with the proposed Dry Creek P.U.D. Application. The attached Resolution
denying the Subdivision Variance is based upon'staffrecommendation for denial of the
proposed P.U.D.
If Ordinance No. 05-09 is approved on first reading, this Resolution should be tabled until,
second reading or amended to reflect approval of the Variance based on compliance with the
required approval criteria prior to approval.
Final action on the Subdivision Variance should correspond with final action on the
Proposed P.U.D.
Discussion:
Variance:
(a) Upon application by a subdivider, the Town Council may, at its discretion, grant
variances from some or any requirements of the subdivision 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;
Staff Response: . Lot 44, Block 3, Wildridge was platted as.a 4-plex lot
with. 35 feet of frontage on Old Trail Road. This arrangement worked quite
well with the current zoning for a four unit condominium/townhome project
with a single building serviced by a common driveway, common water and
sewer service lines, with access, use and maintenance controlled by project
declarations and by-laws. Under this scenario there is no hardship.
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;
Staff Response: The provisions of the regulations from which relief is
requested provide assurance that each lot in a subdivision-has, adequate access
to both public streets and public utilities which are typically located in the
public street. This is materially important in a planning sense for the orderly
controlled development of a Lot.
s Page 2
Y
3) Whether the granting of the request might adversely affect the use of the land
in the immediate area of the tract in question.
Staff Response: The granting of this request has the potential to
adversely affect access to the proposed development and the adjacent land as
well as utility services to the proposed development.
Note: The Applicants response to the approval criteria is attached as Item 3.
(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 ensure that the stated purpose of
the variance request is realized.
Response: If the Town Council approves the requested variance it is
recommended that the granting of the Variance is subject to the approval and
term of the Dry Creek P.U.D.
Recommendation:
Approve Resolution No. 05-30, Series of 2005, A Resolution Denying Subdivision Variance
for Dry Creek P.U.D., A Proposed Resubdivision of Lot 44, Block 2, Wildridge, Town_ of Avon,
Eagle, County, Colorado.
Proposed Motion:
I move to approve Resolution No. 05-30, Series of 2005, A Resolution Denying Subdivision
Variance for Dry Creek P.U.D., A Proposed Resubdivision of Lot 44, Block 2, Wildridge, Town
of Avon, Eagle, County, Colorado.
Town Manager Comments:
Attachments:
Item 1:
Resolution No. 05-30, Series of 2005
Item 2:
Application for Subdivision Variance
Item 3:
Applicant Response - Subdivision Variance, Criteria
0 Page 3
119,
. TOWN OF AVON
RESOLUTION NO. 05-30
Series of 2005
A RESOLUTION DENYING SUBDIVISION VARIANCE FOR PROPOSED-DRY
CREEK P.U.D., A RESUBDIVISION OF LOT 44, BLOCK 2, WILDRIDGE,
TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Blue Bird Meadow, I.LC has applied for a Preliminary Subdivision Plan
and Subdivision Variance approval for the proposed Dry Creek-P.U.D. a Resubdivision
of Lot 44, Block 2, Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, said Subdivision Preliminary Plan provides for the resubdivision of an
existing four-plea lot into three single family lots with access by -easem_ ent from an
existing public street; and
WHEREAS, said Variance application is to allow the creation of two lots that do not .
have a frontage width of at least 25 feet on a dedicated street as required by Section
16.40.330 of the Avon Municipal Code; and
WHEREAS, The Town Council of the Town of Avon finds that the requested Variance
does not comply with the following'criteria:
1) A strict, literal application of the 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) 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) The granting of the request will not adversely affect the use of the land in
the immediate area of the tract in question; and
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO that the Town hereby finds and determines that the
Proposed Subdivision Variance for Lot 44, Block 2, Wildridge, Town of Avon, Eagle
County, Colorado is hereby denied based on the following findings:
I:\EngineaingV4ubdivisionXV ildridgc\LA4b2wres0530-I.Doc
1) A strict, literal application of the 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) The provisions of the regulations from which relief is requested are
materially important, in a planning sense, to the orderly controlled development
of the tract in question;
3) The granting of the request will adversely affect the use of the land in
the immediate area of the tract in question.
ADOPTED THIS DAY OF July, 2005.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
I:\Engineering\Subdivision\Wildridge\L44b2wrres0530-I .Doc
APPLICATION FOR'SUBDIVISION VARIANCE
Name of Development:
Dry Creek PUD ".Amendment
Address/Legal Description: 213ffold Trail Road/Lot 44, Block 2; Wildridge
Subdivision
Lot Size:
1.58 acres/68,825 square feet
Owner Name:
Blue Bird Meadow, LLC - Robert Rymer, Manager
Owner Address:
6515 Rainbow Avenue
Shawnee Mission, Kansas, 66208
Variance Request:
Request for a variance from Section 16.40.330, Lot and
Block Design, Title 16 Subdivision Regulations Avon
Municipal Code, to allow for the creation of two lots within
the Dry Creek PUD, a resubdivision of Lot 44, Block 2,
Wildridge Subdivision which do not meet the minimum
street frontage requirements, and setting forth details in
regard thereto.
Reasons for Requesting
the Variance:
(See Section V, Subdivision Variance Criteria Dry Creek
PUD Amendment submittal packet, dated May 1, 2005).
Fee:
$
t~
ECLeveto
APR 2 9 2005
IU►tW* Develop,,,
/-/-Om 3
V. SUBDIVISION VARIANCE CRITERIA
Pursuant to Title 16 Subdivisions, Section 16.12.020, Variances. Avon Municipal Code,
upon application-by a subdivider, the 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.
Applicant's Response: Yes, the strict, literal application of the subdivision regulations
would result in an undue hardship to the subdivider due to the purpose, shape, location
and character of the proposed subdivision.
Pursuant to Section 16.40.330, Lot and Block Design. Avon Municipal Code,
`Each .lot created in a subdivision shall be physically capable of accommodating a
structure devoted to the intended use of the lot. Each lot shall have a frontage width on d
dedicated street of not less than twenty-five (25) feet. Additional area may be required if
determined necessary by the shape of the land or contours. "
Lot 44, Block 2, was platted as part of the original Wildridge Subdivision in ,1978,. , As
presently platted, Lot 44 maintains a thirty-five (35') foot frontage width on a- dedicated
street (Old Trail Road).
The applicant is proposing to utilize an existing private driveway presently located on Lot
45, Block 2, Wildridge Subdivision, to serve as vehicular ingress and egress to Lot 44.
Over the past several months, the applicant has worked closely with the owners of Lot, 45
to formulate a mutually acceptable easement for common* access and utilities to Lots 44
& 45. According to the terms of the easement agreement, the first one hundred-ninety,
(190') feet of the existing private driveway on Lot 45 would be encumbered by a
Common Access and Utility Agreement. To ensure adequate traffic circulation to and
from the Lots, the applicant has agreed, and at his sole expense,, to widen the existing
driveway to sixteen (16') feet and add a one (1') foot wide gravel shoulder to each side of
the driveway. Upon recording the agreement with the Eagle County Clerk & Recorder's
Office, provisions for access and maintenance of the shared portion of the driveway will
be formalized.
While it is possible to provide vehicular access to Lot 44 via the existing "pole" portion
of the Lot, it is the opinion of the Lot owners that doing so would negatively impact the
character of the subdivision, the neighborhood and surrounding area. For example, if a
second paved driveway surface was added to Lot 44, an additional 3,040 square feet of
existing landscaped area would be lost 'to paving and further encroach upon the
residential units to the east. Due to the limited width of the "pole" portions of the two
"flag" lots and the need for adequate snow storage and landscape buffers, there is- little or
no opportunity to meander the driveways. As such, the resulting appearance of two paved
1
Dry Creek PUD Amendment May 1, 2005 \
driveways extending parallel to one another for one hundred-ninety (190') feet would be
similar to that of a "divided highway design". ' Lastly, the applicant is not proposing to
present or restrict vehicular access to the Lots within the Dry Creek PUD. Instead, the
applicant is seeking a more creative and aesthetically pleasing means to achieve vehicular
access to the development site. For these reasons, the applicant believes that-to apply the
strict and literal interpretation of the minimum street frontage requirement would result in
an undue hardship.
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.
Applicant's Response: Relief from the, Section 16.40.330, Lot and Block Design, of the
Subdivision Regulations is materially important, in, a planning sense, to ensure- the
orderly, controlled development of the proposal. In this variance request, the applicant is
not proposing to prohibit access to Lot.44. Instead, the applicant is merely requesting
relief from the minimum street frontage requirement of the Subdivision Regulations to
aid in the implementation of the Town's adopted goals, objectives and policies for land
development.
Upon review of the Town's adopted subdivision regulations, it appears that the purpose
of the minimum street frontage requirement is to ensure that vehicular access is available
to all platted lots thereby preventing instances of "landlocked" property in the subdivision
process. While it is true that proposed. Lots. I & 2, Dry Creek PUD will not have direct
frontage on a public street, the presence of the perpetual common access easement fulfills
the access obligations that the street frontage requirement contemplates.
In a planning sense, there are numerous public benefits arising from this proposal. The
public benefits include:
• Compliance with the Town's adopted goals and policies as stated in the .
Town's' Comprehensive Plan;
• Future development on the site that is consistent with and compatible to
adjacent and'surrounding land uses,
• Down-zoning of the property and permanent vacation of existing development
rights,
• Preservation of existing unimproved landscape area; and
• Infill development versus sprawl development.
3. Whether the granting of the request might adversely affect the use of the
land in the immediate area of the tract in question. .
Applicant's Response: The granting of this request will not adversely affect the use of
land in the immediate' area of the development site. In fact, the granting of the requested
variance ensures the continued use and enjoyment of land surrounding the development,
site. As proposed, the residential uses most directly impacted by the construction of a
2
Dry Creek PUD Amendment May 1, 2005 `'b
e
second driveway are afforded an additional buffer that otherwise would not exist. Future
development on the site. will be consistent with and compatible to adjacent and
surrounding land uses.
3.
Dry Creek PUD AA iendinent May 1, 2005 OX