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PZC Res. No. 06-10TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 06-10 A RESOLUTION DENYING A SPECIAL REVIEW USE PERMIT TO OPERATE A AUTO BODY SERVICE AND RETAIR FACILITY ON LOT 4, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, L & H Auto Body Inc. has applied for a special review use permit to operate a auto body service and repair facility, as described in the application dated April 17, 2006, 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; C. Whether the proposed use is compatible with adjacent uses; and D. That the granting of the special review use requested provides evidence of substantial compliance with the following public purpose provisions: 1. The application demonstrates a public purpose which the current zoning entitlements cannot achieve. 2. Approval of the zoning application provides long term economic, cultural or social community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights. 3. The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and cultural resources, and increasing the amount of public benefit consistent with the community master plan documents. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby denies a Special Review Use permit to operate a auto body service and repair facility, as described in the application dated April 17, 2006, as stipulated in Title 17, of the Avon Municipal Code for Lot 4, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado, based upon the following findings: 1. That the proposed use does not conforms to the requirements as imposed by the Town Zonina Code; and 2. That the proposed use does not conform to the Town Comorehensive Plan; and 3. The proposed use is incompatible with existing planned and approved adjacent uses. Adopted this 18th day of July, 2006 Signed: Chair Attest: IA I` Secretary Date: �f a_ Date: 7— ���i�