PZC Res. No. 2004-04TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 04 -04
SERIES OF 2004
A RESOLUTION APPROVING A VARIANCE FROM
CHAPTER 17.24.020.1 AND CHAPTER 17.24.030.3 AS
STIPULATED IN TITLE 17 (ZONING) OF THE AVON
MUNICIPAL CODE, FOR LOTS 26/27/28, BLOCK 1,
BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN
OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Vail Resorts, owner of Lots 26/27/28, Block 1, Benchmark at Beaver
Creek Subdivision has applied for a variance from the "Off- Street Parking" and
the "Off- Street Loading" requirements as stipulated in Title 17, of the Avon
Municipal Code in order to accommodate truck maneuvering into a proposed
loading dock (as more specifically described in the application dated November
5, 2003 and the revised plans dated December 23, 2003); 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 Zoning Variance
application and has considered:
FAPIanning & Zoning Commission\Reso1utions\2004 \Res 04 -04 L26,27,28 B1 BMBC MtnCtrApproval.doc
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 regulation 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.
WHEREAS, the Plannin g g & Zoning Commission finds:
A. That the granting of the variance does not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same district;
The application has demonstrated, through a sufficient review of alternatives, that the
proposal does not constitute grant of special privilege.
B. 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;
The application has demonstrated that the proposed access movements in the front
yard and the right of way will not be detrimental to the public or injurious to
properties of potential development (such as the Land Trade property) in the vicinity.
The original proposal has been revised to provide the least possible amount ofpublic
safety interference through while providing a reasonable solution to the needs of the
project.
C. That the variance is warranted for one or more of the following reasons:
I. 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;
FAPlanning & Zoning Comm i ssi on\Resol utions\2004\Res 04 -04 L26,27,28 B1 BMBC MtnCtrApproval.doc
II. There are exceptional or extraordinary circumstances or conditions applicable
to the site of the variance that do not apply generally to other properties in the
vicinity;
III. The strict, literal interpretation and enforcement of the specified regulation
will deprive the applicant of privileges enjoyed by the owners of other
properties in the same district.
The application has demonstrated, through a review of alternatives and public
hearings that there is not an alternative design that effectively achieves off - street
loading for the applicant. Further, the enforcement of the specified regulation
will deprive the applicant of privileges enjoyed by the owners of other properties
since a loading dock was never constructed for this project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning
Commission of the Town of Avon, Colorado, hereby approves a Zoning variance
from the "Off- Street Parking" and the "Off - Street Loading" requirements of Title 17
of the Avon Municipal Code for Lot 26/27/28, Block 1, Benchmark at Beaver Creek
Subdivision, Town of Avon, Eagle County Colorado with the condition that anytime
there is a change in use for this loading dock area, the variance will be void.
ADOPTED THIS �~
DAY OF, I � 20011
04aDate:
Andrew Karow
Vice Chairman
Attest:
AAA44- Date:
Terry Smith, ecretary
JAPlanning & Zoning Commission \Reso1utions\2004 \Res 04 -04 L26,27,28 BI BMBC MtnCtrApproval.doc
4
ALPINE ENGINEERING, INC.
October 31, 2003
Chris Juergens
Victor Mark Donaldson
P.O. Box 5-300 _
Avon, CO 81620
RE: Mountain Center — Town of Avon Sketch Plan Comments
Dear Chris,
I have revised the plans to rei e r the comments provided by the Town of Avon. In brief,
the folio v6ng is a iis5 of the revised.items on the plans.
I . Existing contours have been made bolder to more clearly reflect how the proposed
contours relate with the existing grades.
2. I reviewed the cab length for the WB -50 truck size and the cab is shown as is
dimensioned in the;414SHTO — Geometric Design of Highways and Streets. I hav .
included a copy of this detail (see attached).
3. The Striping and lane directions have been clearly identified on the plans.
4. A new plan labeled "Lot Coverage Plan" has been included to show the
Impervious, Green space, and Snow Storage areas. A table has also been included
to show the acreages and percentage of lot coverage.
5. Review of the existing site pollution control measures showed them to be in need
of repair or replacement. The site grading and drainage plan now reflects
collecting run off from the existing and proposed paved areas and directing there
through a proposed Sand/Oil interceptor- Additionally, the inlets located inside
the building are planned to be routed to the existing Sand/Oil interceptor located
inside the garage.
Sincerely
CwL°. lJ�.rT ��-
Lee C. Whittington
Attachment