L37 B3 WR Variance Res. 96-07TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 96-7
SERIES OF 1996
A RESOLUTION GRANTING A VARIANCE FROM SIDEYARD SETBACK
REQUIREMENTS AS STIPULATED IN TITLE 17 OF THE AVON
MUNICIPAL CODE AND THE WILDRIDGE PUD, FOR A RETAINING
WALL TO BE CONSTRUCTED ON LOT 37, BLOCK 3, WILDRIDGE
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Danvid Enterprises, owner of Lot 37, Block 3, Wildridge Subdivision has applied for a
variance from the "side setback " requirements as stipulated in Title 17, of the Avon Municipal
Code in order to building a retaining wall ( as shown on attached Exhibit A); 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 zn
given
an opportunity to express their opinions and present certain information and reports regarding the proposed
setback variance for a retaining wall and has considered:
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 enforcement of a specified
regulation 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.
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WHEREAS, the Planning & Zoning Commission finds:
A. 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;
B. 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;
C. That the variance is warranted for one or more of the following reasons:
I. 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;
II. There are exceptional or extraordinary circumstances or conditions applicable to the site of
the variance that do not apply generally to other properties in the vicinity;
III. The strict, literal interpretation and enforcement of the specified regulation would deprive the
applicant of privileges enjoyed by the owners of other properties in the same district.
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission of the Town of
Avon, Colorado, hereby approves a variance for the construction of a retaining wall within the
sideyard setback as required by of Title 17 of the Avon Municipal Code for Lot 37, Block 3, Wildridge
Subdivision, Town of Avon, Eagle County Colorado.
ADOPTED THIS DAY OF
Sign d:
Date: 10/1 y
Jack H nn, hair
�Asr�"•�
Sue Railton, Secretary
Date: /O /
1996
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