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PZC Res. No. 2005-03 (2)TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 05-03 SERIES OF 2005 A RESOLUTION RECOMMENDING APPROVAL TO THE TOWN COUNCIL OF AMENDMENTS TO TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO PUBLIC BENEFIT CRITERIA FOR ALL ZONING APPLICATIONS AND PROVIDING FOR THE REORGANIZATION, REPEAL AND AMENDMENT TO THE SUPPLEMENTAL' ZONING REGULATIONS WHEREAS, Title 17 of The Avon Municipal Code requires review and revision on a periodic basis in order to continue to serve the public interest; and HEREAS, the Planning and Zoning Commission have reviewed the attached revisions ("Exhibit A") to Resolution 05-03 Series of 2005, and held a public h:aring as required by the Avon Municipal Code to review the proposed amendments. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends to the Town Council the approval of changes set forth in Resolution 05-03 Series of 2005 in order to amend the existing Avon Municipal Code as adopted. ADOPTED THIS 5th DAY OF APRIL, 2005 Signe Date: q Chris Evans, Chair Attest: //� Date: I S I aO0 $ Terry Smith, �cr tary t FAPlanning & Zoning Commission\Resolutions120051Res 05-03 Zoning Text Amendments.doc TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 05-04 A RESOLUTION APPROVING A VARIANCE TO ALLOW THE CONSTRUCTION OF AN ENCLOSED STAIRWAY AND A PORTION OF CONFERNCE ROOM IN THE FRONT YARD SETBACKS ON LOT 22, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO HEREAS, BBG Holding Corporation has applied for a variance to construct an enclosed stairway and portion of 3`d story conference room within the front setback on Lot 21, Block 1, Benchmark at Beaver Creek Subdivision, as described in the application dated March 14, 2005 and design plans dated Mar•,h 15, 2005 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. FAPlanning & Zoning CommissionMesolutions\2005acs 05-04 L22 131 BMBC setback variance.doc NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado hereby approves a Variance to construct an enclosed stairway and portion of 3`d story conference room within the front setback on Lot 22, Block 1, Benchmark at Beaver Creek Subdivision as described in the application dated March 14, 2005 and design plans dated March 15, 2005 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 rhe 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 followine conditions: 1. 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 5th DAY OFApril, 2005 Signed: e� �� � Date: Ll so"t Chris Evans, Chair Attest: ��iU.vl /tcw.z- Date: y I S I aCe S� J ' Terry Smith, Secretary FAI'lanning &. Zoning Commission\Resolutions\200Mtes 05-04 L22 Bl BMBC setback variance.doc