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PZC Res. No. 07-01TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 07-01 A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT FOR THE CONSTRUCTION AND OCCUPANCY OF TWO EMPLOYEE HOUSING UNITS ON THE SECOND LEVEL OF THE BUILDING ON LOT 12, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO I WHEREAS, Mark Donaldson has applied for a the Special Review Use application for two employee housing units on the second level of the building on Lot 12, Block 1, Benchmark at Beaver Creek Subdivision, as described in the application dated August 26, 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 on October 2, 2007, 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 review criteria: 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 approves a Special Review Use the Special Review Use application for two employee housing units on the second level of the building on Lot 12, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado, based upon the following findings: 1. The application demonstrates a public purpose which the current zoning entitlements cannot achieve; and 2. The proposed use is compatible with existing planned and approved adjacent uses; and 3. The proposed use is in conformance with the Town of Avon Comprehensive Plan. This permit is approved, subject to the following conditions: 1. The units may not be sold separately and are exclusively for the housing of employees of businesses operating on the same property. 2. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representatives in this application and in public hearings shall be adhered to and considered binding conditions of approval. ADOPTED THIS 2"d DAY OF OCTOBER, 2007 S/gn Date: U 1 Z D 7 - Chair Attest:d // 1 I JM\T/ Date: Secretary