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PZC Res. No. 2009-08 (2)Exhibit C TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 09-08 A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT TO PERMIT AMPLIFIED SOUND FOR LIVE MUSIC ON LOT 29 FILING 1, VILLAGE AT AVON, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Cody Kennedy has applied for a special review use permit to operate amplified sound for live music, as described in the application dated June 25, 2009; and WHEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Avon on July 21, 2009 and September 1, 2009, 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 application; and WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered the following review considerations: A. Whether the proposed use otherwise complies with all requirements imposed by the coning 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. D. Whether the proposed use provides evidence of compliance with the Public Purpose provisions outlined in the Avon b9unicinal Code. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby approves a Special Review Use permit for outdoor amplified sound of live music, as described in the application dated June 25, 2009; as stipulated in Title 17, of the Avon Municinal Code for Lot 2, Filing 1. Village at Avon Subdivision, Town of Avon, Eagle County, Colorado. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Hours of operation are limited to between 12pm and l Opm. 2. This permit is valid through 2009, and will then be re -reviewed prior to use in 2010. 3. An Amplified Sound Permit must be obtained and maintained, pursuant to Chapter 5.24, Avon Municipal Code. 4. 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 1st DAY OF SEPTEMBER, 2009 Signed: g Date: Chair Attest: 40 n, lk��/l Secretary 4 Date: