PZC Res. No. 2004-10TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 04 -10
A RESOLUTION APPROVING A PARKING VARIANCE
DETERMINATION FOR SELF STORAGE USES ON TRACT Y,
MOUNTAIN STAR SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, Victor Mark Donaldson Architects ( "VMDA Inc. "), representing ARI of
Avon, LLC, has applied for a parking variance in order to create a reduced parking
standard for self - storage uses proposed on Tract Y, Mountain Star Subdivision, as
described in the application dated October 1, 2004 and design plans dated March 17,
2004 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
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.
FAPlanning & Zoning Commission \Reso1utions\2004\Res 04 -10 TractY MTSTR SelfStorageParking Variance.doc
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of
the Town of Avon, Colorado hereby approves a Variance for Tract Y, Mountain Star
Subdivision as described in the application dated October 1, 2003 and design plans
dated March 17, 2004 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 owners
of other properties in the same district.
This application is approved with the following conditions:
1. The parking standard is specifically limited to the approval for the Wildridge Business Park
(Tract Y) and shall apply to all areas labeled as self storage square footage on plans dated
March 17, 2004. Parking dedication will be finally calculated at building permit based on
compliance with the design review approval.
2. The parking standard will not be waived in the future should a tenant wish to `convert' self -
storage space into another type of Industrial /Commercial land use. A new variance must be
applied for at that time, or additional parking created on -site that meets code requirements for
"Industrial Land Use ".
3. All areas not specifically identified as self - storage shall continue to comply with the
required "Industrial Land Use" parking standard of 1 parking space per 800 square feet of
Gross Floor Area as indicated on plans dated March 17, 2004.
4. A full electrical plan for all levels labeled as "Self Storage" in both Building One
(Basement, Level Three) and Building Two(Level Two, Level Three, Level Four) will be
submitted at building permit indicating no rough electrical or electrical outlet(s) to any
individual self storage units proposed. Compliance with these conditions must be verified at
issuance of final Certificate of Occupancy.
5. No rough plumbing to any of the proposed self - storage units is permitted under the terms of
this approval.
FAPlanning & Zoning Commission\Reso1utions\2004\Res 04 -10 TractY MTSTR SelfStorageParking Variance.doc
6. 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 April, 2004
Signe
Date: Lf 0-Y
Chris Evans, Chair
Attest: J�Xc� Date: 4 'zoo
Terry Smith, Secretary .
FAPlanning & Zoning Commission\Resolutions\2004\Res 04 -10 TractY MTSTR SentorageParking Variance.doc