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PZC Res. No. 2004-01TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04 -01 A RESOLUTION APPROVING A PARKING VARIANCE FOR NARAYAN'S THAI ON LOT 20, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, UNITS 101 & 202 BENCHMARK PLAZA, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Sanjay Manandhar has applied for a parking variance in order to operate lunch service on Lot 20, Block 2, Benchmark at Beaver Creek Subdivision, Units 101 & 202 of Benchmark Plaza as described in the application dated December 8, 2003 as stipulated in Title 17, of the Avon Municipal Code; and W HEREAS, 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 approves a Variance for Narayan's Thai, Lot 20, Block 2, Benchmark at Beaver Creek, Units 101 & 202 of Benchmark Plaza as described in the application dated December 8, 2003 as stipulated in Title 17, of the Avon Municipal Code; and based upon the following findings: FAPlanning & Zoning Commission\Resolutions\2004\Res 04-01 L20 B2 BMBC Narayan's Thai Variance.doc 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 owners 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 January 6, 2005. 2. The variance is specifically granted for the Narayan's Thai restaurant only. Any changes to the lunch service 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 6th DAY OF January 6, 2004 Signed: (?,L) a "I_r- Date: Chris Evans, Chair Attest: Date: Terry Smith, Secretary FAPlanning & Zoning Commission\Resolutions\2004 \Res 04 -01 L20 B2 BMBC Narayan's Thai Variance.doc