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L1 B1 BMBC Variance and ModificationTown of Avon Variance & Final Design Review Staff Report May 6, 1997 Planning & Zoning Commission meeting Report date May 1, 1997 Project type Site modification and extension of pump island canopy Variance type Encroachment of the 25 ft. Front Yard Setback Legal description Lot 1, Block 1, Benchmark at Beaver Creek Subdivision - Coastal Mart Zoning Neighborhood Commercial (NC) Address 0063 Nottingham Road Introduction The Commission reviewed a preliminary version of this proposal on April 1, 1997, to provide staff with guidance regarding this project's potential impacts on the roundabout construction project. The applicants now request Final Design approval of the site modification and expansion of the pump island canopy. The proposal includes a request for variance to extend the gas pump island canopy 19 feet into the 25 foot front yard setback. The proposed site modification would provide the following: • new curb and gutters, creating three distinct access points • the relocation slightly to the east of one existing gasoline pump on the northern most island • the addition of one pump to the center island • the expansion of the asphalt tarmac • the expansion of the pump island canopy. As a reminder, this application will require a public hearing and review of the requested variance, action on P&Z Resolution 97-5, then review and action on the project's Final Design. The following report details the review criteria and consideration and required findings for both the variance and final design. Variance Approval Criteria According to the Section 17.36.040, the Avon Municipal Code, the Planning & Zoning Commission shall consider the following factors with respect to the requested variance: Town of Avon Community Development c:\server\p&z\1997\050697\1 b1 bsexp.doc (970) 949-4280 Fax (970) 949-5749 Lot 1, Block 1, Benchmark at Beaver Creek Subdivision, Final Design Review\Variance, page 2 May 6, 1997 Planning & Zoning Commission meeting The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The existing canopy enjoys the same variance being requested for its proposed extension. Granting the variance for the extension will allow the extension to be compatible with the existing canopy. 2. The degree to which relief from a 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. According to the applicant, a grant of variance is necessary to add the canopy extension, which in turn will allow relocation of the pump island closest to the street, improving access from Nottingham Road as well as on site circulation. Staff concurs with this assessment. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety. The canopy expansion is not expected to affect any of the items listed above. Creation of distinct access points, however, will mitigate current access problems. 4. Such other factors and criteria applicable to the proposed variance. The applicant further states that the canopy extension will benefit customers by providing better weather protection, and increased safety due to additional lighting. Findings Required According to Section 17.36.050 of the Avon Municipal Code, the Planning & Zoning Commission shall make the following written findings before granting a variance: 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 of improvements in the vicinity; C. That the variance is warranted for one or more of the following reasons: 1. 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; 2. 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 same zone; 3. The strict or literal interpretation and enforcement of the specified regulation deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Design Review Considerations According to the Commission's Procedures, Rules & Regulations, Section 6. 10, the Commission shall consider the following items in reviewing the design of this project: 1. Conformance with the Zoning Code and other applicable regulations of the Town. Except for the requested front yard setback variance, the site modification and pump island canopy expansion conform with the Zoning Code and other applicable regulations. Town of Avon Community Development c:\server\p&z\1997\050697\1 b1 bsexp.doc (970) 949-4280 Fax (970) 949-5749 Lot 1, Block 1, Benchmark at Beaver Creek Subdivision, Final Design Review\Variance, page 3 May 6, 1997 Planning & Zoning Commission meeting 2. The suitability of the improvement, including type and quality of materials of which it is to be constructed and the site upon which it is to be located. The canopy expansion will match the existing canopy in color, materials (including light fixtures) and height. 3. The compatibility of the design to minimize site impacts to adjacent properties. The current access is poorly defined, allowing vehicles to enter and exit from random points. This results in unpredictable and often hazardous turning movements on Nottingham Road. Defining three distinct access points should reduce conflicts between traffic accessing the sight and Nottingham Road. 4. The compatibility of the proposed improvements with site topography. N/A. 5. The visual appearance of any proposed improvement as viewed from adjacent and neighboring properties and public ways. See Consideration #2. 6. The objective that no improvement be so similar or dissimilar to others in the vicinity that values, monetary or aesthetic will be impaired. See Consideration #2. 7. The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon. The proposed design modification and canopy expansion appear to conform with the adopted Goals, Policies and Programs of the Town of Avon. Staff Recommendation This project, as presented, requires a grant of variance to expand the pump island canopy 19 feet into the 25 foot front yard setback in addition to the action on the site modification Final Design. Staff recommends granting the variance and approving the Final Design. Recommended Motions Motion #1: Approve Planning & Zoning Resolution #97-5, granting a variance for Lot 1, Block 1, Benchmark at Beaver Creek Subdivision to expand the pump island canopy 19 feet into the 25 foot front yard set back as depicted on the plans dated "Received" April 14, 1997, based upon the following findings: A. That the granting of the variance does 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 does not be detrimental to the public health, safety or welfare, or materially injurious to properties of improvements in the vicinity; C. That the variance is warranted for the following reasons: 1. 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; 2. 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 same zone; Town of Avon Community Development c:\server\p&z\1997\050697\1 b1 bsexp.doc (970) 949-4280 Fax (970) 949-5749 Lot 1, Block 1, Benchmark at Beaver Creek Subdivision, Final Design Review\Variance, page 4 May 6, 1997 Planning & Zoning Commission meeting 3. The strict or literal interpretation and enforcement of the specified regulation deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Motion #2: Approve the site modification Final Design for Lot 1, Block 1, Benchmark at Beaver Creek Subdivision as depicted on the plans dated "Received" April 7, 1997, with the following conditions: 1. All flues, flashing and galvanized metal will be painted to match surrounding materials. 2. Automatic irrigation system will be installed. 3. During construction the first 20 feet of the drive will have at least 2 inches of 3/4" rock. If you have any questions regarding this or any other project or community development issue, please call me at 949-4280 (extension 139), or stop by the Community Development Department. Town of Avon Community Development c:\server\p&z\1997\050697\1 bl bsexp.doc (970) 949-4280 Fax (970) 949-5749 Lot 1, Block 1, Benchmark at Beaver Creek Subdivision, Final Design Review\Variance, page 5 Mav 6, 1997 Planning & Zoning Commission meeting Planning & Zoning Commission Action [J Approved as submitted ❑ Denied ❑ Approved with conditions (noted below) ❑ Tabled ❑ Withdrawn by applicant Conditions of approval, reasons for tabling or withdrawal of application, or basis for denial (refer to code or guidelines by number): Signe Jack Hunn Chair est: Sue Railton, Secretary Date Date Town of Avon Community Development c:\server\p&z\1997\050697\1bibsexp.doc (970) 949-4280 Fax (970) 949-5749