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PZC Res. No. 2004-11TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04 -11 A RESOLUTION APPROVING A VARIANCE TO ALLOW THE CONSTRUCTION OF BOULDER RETAINING WALLS IN THE FRONT SETBACK ON LOT 58, BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Robert Moehring has applied for a variance to construct boulder retaining walls within the front setback on Lot 58, Block 4, Wildridge Subdivision, as described in the application dated March 9, 2004 and design plans dated March 25, 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 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. OW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado hereby approves a Variance to construct boulder retaining walls within the front setback on Lot 58, Block 4, Wildridge Subdivision as described in FAPlanning & Zoning Commission \Resolutions\2004 \Res 04 -11 L58 B4 WR setback variance.doc the application dated March 9, 2004 and design plans dated March 25, 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. A revised Site Plan for the sketch design that provides a larger area for landscaping between the two- engineered retaining walls must be provided. Both walls shall be designed by a structural engineer. 2. No structures or retaining walls are permitted within the 10' Slope Maintenance, Drainage, and Snow Storage Easement or within the Town Right -of -Way. 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 April, 2004 Signed: 1 Date: � C (i Chris Evans, Chair Attest: Date: ©� y Terry Smith, Secretary FAPlanning & Zoning Commission \Resolutions\2004 \Res 04 -11 L58 B4 WR setback variance.doc