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PZC Res. No. 04-09TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04-09 A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT TO ESTABLISH A CARETAKER UNIT ON TRACT Y, MOUNTAIN STAR SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Victor Mark Donaldson, applicant for the Wildridge Business Park and Warehouse Facility, has applied for a special review use permit for a caretaker unit, as described in the application 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 Special Review Use permit application; and WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered the following: A. Whether the proposed use otherwise complies with all requirements imposed by the zoning code; and B. Whether the proposed use is in conformance with the town comprehensive plan; and C. Whether the proposed use is compatible with adjacent uses. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby approves a Special Review Use permit for a caretaker unit, as described in the application dated March 17, 2004, as stipulated in Title 17, of the Avon Municipal Code for Tract Y, Mountain Star Subdivision, Town of Avon, Eagle County, Colorado, based upon the following findings: That the proposed use conforms to the requirements as imposed by the Town Zonine Code. 2. That the proposed use conforms to the Town Comprehensive Plan, particularly with respect to Policy A1.5 (integrated residential housing) and Goal C2 (affordable housing provision). 3. The proposed use is compatible with adjacent uses as planned and approved through the design review process. Approved with the following conditions: 1. The caretaker unit will be parked with a minimum of two (2) reserved spaces. 2. 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 igne Date: L, I /L /0� Chris Evans, Chairman/ W Attest: l ofJiv� GL Date: t Terry Smith, S cr ary F.\PIanning & Zoning Co=ission\Reso1utions\2004\Rcs 04-09 Tract Y MTSTCaretakerAprv.doc TOWN 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 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. F:1Planning & Zoning Commission\Resolutions�2004\Res 04-10 TractY MTSTR SeltStorageParking Vuiance.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: 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 annlication is annroved with the followine 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. F:\Planning & Zoning Commissio&Reso1utions\2004Vtes 04-10 TraetY MTSTR SeINtoragePuking 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 sig(%jo-6 L� Date: Chris Evans, Chair Attest: Date: </ /lv b-Oo y J ' Terry Smith, Secretary FAPlanning & Zoning Contn isslon\Resolutionst2004aes 04-10 TractY MTSTR SelfStorageParking Variance.doc TOWN 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 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 to construct boulder retaining walls within the front setback on Lot 58, Block 4, Wildridge Subdivision as described in F \Planning & Zoning Commission\Reso1utions\20041Res 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: 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 ammroved with the followine 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, 2001 Signed. r Z'(16 I r� Date: % /% 6 �G I Chris Evans, Chair Attest je,4,� Date: �/� Jaoo L/ Terry Smith, Secretary F:Tlmning & Zoning Commission\Resolutions120041Res 04-11 L58 B4 WR setback variance.doc