PZC Res. No. 04-23TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 04-23
A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT TO ALLOW THE
OPERATION OF THE MONTESSORI PRESCHOOL ON LOT 22, BLOCK 1,
BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, Martha Peck, applicant, has applied for a Special Review Use permit for
the Montessori Preschool, as described in the application dated September 9`h, 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 the
Montessori Preschool, as described in the application dated September 9`h, 2004, as
stipulated in Title 17, of the Avon Municipal Code for Lot 22, Block 1, Benchmark at
Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado, based upon the
following findings:
1. 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 (Goal Al and Goal Dl); and (Policy A1.7 and Policy 131.6).
3. The proposed use is compatible with adjacent uses as planned and approved through
the design review process.
Subject to the following conditions:
1. A sign permit shall be required for any signage associated with this use.
2. This permit is valid and subject to review by Staff and renewal exactly 5 years from
the date of issuance (September 21, 2009).
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 21' day of September, 2004
Signe
Chris Evans, Chairman
Attest:
Terry Smith, Secretary
Date: qtzM
Date:
qP t/J oo i/
FAManning & Zoning CommissionUResolutions\2004Vtes 04-23 Lot 22, Block 1, BMBC Montesson Pr chool.doc
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 04-24
A RESOLUTION DENYING A VARIANCE TO ALLOW THE
ENCROACHMENT INTO THE SIDE LOT EASEMENT AND
SETBACK ON LOT 70A, BLOCK 1, BENCHMARK AT BEAVER
CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
WHEREAS, Jerald L Wuhrman has applied for a variance to construct a duplex which
would encroach into the 7.5' Utility and Drainage Easement and 7.5' Building Setback
on Lot 70A, Block 1, Benchmark at Beaver Creek Subdivision, as described in the
variance application dated September 9, 2004 and sketch design plans dated August
26, 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.
F:\Planning & Zoning Commission\Resolunons\2004\Res 04-24 L70A BI BMBC side lot setback variance.doc
NSTOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of
the Town of Avon, Colorado hereby denies a Variance allowing encroachment into the
side lot easements/setbacks on Lot 70A, Block 1, Benchmark at Beaver Creek
Subdivision as described in the application dated September 9, 2004 and sketch
design plans dated August 26, 2004 as stipulated in Title 17, of the Avon Municipal
Code; and based upon the following findings:
i. That the granting of the Variance will constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same district;
and
2. Encroachment into the 7.5' Utility and Drainage Easement on the western lot line
would be considered an obstruction within the easement; and
3. Other design alternatives exist that would not require encroachment into the 7.5'
Utility and Drainage Easements and Building Setbacks.
DENIED ON THIS 21st DAY OF SEPTEMBER, 2004
Signed:
Chris Evans, Chair
Attest:
�i{�tvl �nt
Terry Smith, Lretaty
Date: � ( 2 / lo Y
Date:
F9Planning & Zoning Commission�Rcsoludons�20041Res 04-24 L70A BI BMBC side lot setback uariance.doc