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PZC Res. No. 03-09TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 03-09 A RESOLUTION APPROVING A PARKING VARIANCE APPLICATION ON LOT 20, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, UNITS 101 & 201 BENCHMARK PLAZA, TOWN OF AVON, EAGLE COUNTY, COLORADO HEREAS, Flexible Too, Inc. dba "Vista Restaurant' has applied for a parking variance in order to serve lunch seven days a week on Lot 20, Block 2, Benchmark at Beaver Creek Subdivision, Unit 101 & 201 of Benchmark Plaza as described in the application dated March 17, 2003 as stipulated in Title 17, of the Avon Municipal Code; and 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 Vista Restaurant, Lot 20, Block 2, Benchmark at Beaver Creek, Units 101 & 201 of Benchmark Plaza as described in the application dated March 17, 2003 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 ar)nlication is aouroved 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 April 15, 2004. 2. The variance is specifically granted for the Vista restaurant only. Any changes to restaurant seating area 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 15th DAY OF APRIL, 2003 Signe 40,49c, Chris Evans, Chair Atttte�stt: .Q yv � Michael McClinton, Secretary Date: !4111 Date: � I I'd 0 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 03-09 A RESOLUTION APPROVING A PARKING VARIANCE APPLICATION ON LOT 20, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, UNITS 101 & 201 BENCHMARK PLAZA, TOWN OF AVON, EAGLE COUNTY, COLORADO HEREAS, Flexible Too, Inc. dba "Vista Restaurant' has applied for a parking variance in order to serve lunch seven days a week on Lot 20, Block 2, Benchmark at Beaver Creek Subdivision, Unit 101 & 201 of Benchmark Plaza as described in the application dated March 17, 2003 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 applicaait 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 consider ed 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 Vista Restaurant, Lot 20, Block 2, Benchmark at Beaver Creek, Units 101 & 201 of Benchmark Plaza as described in the application dated March 17, 2003 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 aoaroved 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 April 15, 2004. 2. The variance is specifically granted for the Vista restaurant only. Any changes to restaurant seating area 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 15th DAY OF APRIL, 2003 Signe a4-0e�� Chris Evans, Chair Attesj: Michael McClinton, Secretary Date: 1 I is- 143 Date: 'Itt i I , TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 03-10 SERIES OF 2002 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF A PUD AMENDMENT TO THE CHAPEL SQUARE PUD FOR LOTS 22,22A, TRACTS A, B1 & B2, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek LLC, has applied for an amendment to Lots 22, 22A, Tract A, B1 & B2, Block 2, Benchmark at Beaver Creek Subdivision, to amend the Chapel Square PUD for facade improvements and the addition of 12,000 square feet of commercial space; and WHEREAS, after notices required by law, a public hearing on said application was held by the Planning & Zoning Commission of the Town of Avon; and WHEREAS, said application is consistent with all legal requirements. NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby recommends to the Town Council of the Town of Avon approval of the application for PUD Amendment for Lot 22, 22A, Tract A, B1, & B2, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado with the following conditions: 1. A building permit must be issued for the fagade improvements and additional 12,000 square feet within thirty (30) days from the date Wal-Mart vacates the premises or the Wal-Mart located at the Village at Avon opens for business to the public, whichever occurs earlier. 2. A Certificate of Occupancy must be issued for the additional square footage and fitade improvements within the ninety (90) days from the date of issuance of the building permit. 3. In the event a building permit is not issued for the fagade improvements and additional 12,000 square feet within thirty (30) days from the date Wal-Mart vacates the premises or the Wal-Mart located at the Village at Avon opens for business to the public, whichever occurs earlier, then this Chapel Square PUD Amendment shall lapse and be void. 4. 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 15t" DAY OF APRIL, 2003 igneSigned- Chris Chris Evans, Chairman Attest: / p l 11cJklr.X�f v4aA- 'h Michael McClinton, Secretary Date: 7 I (5 /63 Date: !T 4:1 0 3