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PZC Res. No. 2001-06TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 01 -06 A RESOLUTION DENYING A VARIANCE APPLICATION TO CONSTRUCT A CARWASH AND FOUR EMPLOYEE HOUSING UNITS ON LOT 30, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Steve Grow has applied for Variances to construct a carwash and four employee housing units on Lot 30, Block 1, Benchmark at Beaver Creek Subdivision, as described in the application dated July 17, 2001 as stipulated in Title 17, of the Avon Municipal Code; and WHEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Avon, pursuant to notices required by law, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed Variance application; and WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered the following: A. The relationship of the requested variance to other existing or potential uses and structures in the vicinity; and B. The degree to which relief from the strict or literal interpretation and enforcements of a specified regulations is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without grant of special privilege; and 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; and D. Such other factors and criteria as the Commission deems applicable to the proposed Variance. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado hereby denies a Variance for the rear and side yard setback as described in the application dated July 17, 2001 as stipulated in Title 17, of the Avon Municipal Code; and for the construction of a carwash and four employee housing units on Lot 30, Block 1, Benchmark at Beaver Creek Subdivision as described in the application dated July 17, 2001 as stipulated in Title 17, of the Avon Municipal Code; and Town of Avon, Eagle County, Colorado based upon the following findings: I . That the granting of the Variance will constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; and 2. That the granting of the Variance may be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and 3. That the Variance is not warranted for one or more of the following reasons; and a. The strict literal, interpretation and enforcement of the specified 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 that same zone. 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 same district. ADOPTED THIS 7th DAY OF AUGUST, 2001 Signe l Chris Evans, Chair Attest: e Paul Klein, Secretary Date: Date: r 7^ b /