PZC Res. No. 2003-09TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 03-09
A RESOLUTION APPROVING A PARKING VARIANCE
APPLICATION ON LOT 20, BLOCK 2, BENCHMARK AT
BEAVER CREEK SUBDIVISION, UNITS 101 & 201 BENCHMARK
PLAZA, TOWN OF AVON, EAGLE COUNTY, COLORADO
HEREAS, Flexible Too, Inc. dba "Vista Restaurant" has applied for a parking
variance in order to serve lunch seven days a week on Lot 20, Block 2, Benchrark at
Beaver Creek Subdivision, Unit 101 & 201 of Benchmark Plaza as described iri the
application dated March 17, 2003 as stipulated in Title 17, of the Avon Munici°.?al
Code; and
W HEREAS, a public hearing has been held by the Planning & Zoning Commissi(-.,n of
the Town of Avon, pursuant to notices required by law, at which time the appbs:.ant and
the public were given an opportunity to express their opinions and present certain
information and reports regarding the proposed Varianze 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 approves a Variance for Vista Restaurant, Lot 20,
Block 2, Benchmark at Beaver Creek, Units 101 & 201 of Benchmark Plaza as
described in the application dated March 17, 2003 as stipulated in Title 17, of the
Avon Municipal Code; and based upon the following findings:
1. That the granting of the Variance will not 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 will not 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 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 owner:
of other properties in the same district.
This application is approved with the following. conditions:
1. The variance is for a one -year period, subject to review and renewal for a longer term
by the Planning and Zoning Commission on April 15, 2004.
2. The variance is specifically granted for the Vista restaurant only. Any changes to
restaurant seating area or a change in ownership without specifically seeking a formal
approval from the Town of Avon will cause the variance to be void.
3. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in public
hearing(s) shall be adhered to and considered binding conditions of approval.
ADOPTED THIS 15th DAY OF APRIL, 2003
Signe
Date: qllc (40-
Chris Evans, Chair
Attest:
Date: ` l � ('�- I \:)
Michael McClinton, Secretary