PZC Res. No. 2004-07TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 04-07
A RESOLUTION APPROVING A STRUCTURE TO ENCROACH
INTO THE SIDE -YARD SETBACK ON LOT 7, BLOCK 1,
WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO
WHEREAS, The Community Development Department has applied for a parking
variance in order to allow a structure to encroach into the platted side -yard setback on
Lot 7, Block 1, Wildridge Subdivision, as described in the application dated January 5,
2004 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
W HEREAS, 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 Lot 7, Block 1, Wildridge
Subdivision, as described in the application dated January 5, 2004 as stipulated in Title
17, of the Avon Municipal Code; and based upon the following findings:
FAPlanning & Zoning Comm iss ion\Resolutions\2004\Res O4 -07 L7 B1 WR Side Yard Setback Variance.doc
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. No roof overhang or portion of the structure will encroach within a distance of 7.5'
from the lot line. This will be confirmed at the Improvement Location Certificate at
framing.
ADOPTED THIS 3rd DAY OF February, 2004
Signed: /
/ Date: Z/ -3
Chris Evans, Chair
Attest:
Date:
Terry Smith, Secretary
FAPlanning & Zoning Commission \Resolutions\2004\Res 04 -07 U B1 WR Side Yard Setback Variance.doc