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L48 B1 WR Setback Var Res. 97-7TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 97-7 SERIES OF 1997 A RESOLUTION GRANTING A VARIANCE FROM THE 25 FOOT FRONT YARD SETBACK AS STIPULATED IN TITLE 17 OF THE AVON MUNICIPAL CODE, FOR LOT 48, BLOCK 1, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Don Sidle, owner of Lot 48, Block 1, Wildridge Subdivision has applied for a variance from the "25 foot front yard setback" requirements as stipulated in Title 17, of the Avon Municipal Code in order to place portions of retaining walls in the 25 foot front yard setback as depicted on the plans dated "Received" April 7, 1997; 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 Front Yard Setback Variance application 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 enforcements 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. J:\P&Z\RESOLUTI\RES 97\97-7VAR.DOC E. 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; F. 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; G. 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 Front Yard Setback Variance from the "25 foot front yard setback" requirement of Title 17 of the Avon Municipal Code in order to place portions of retaining walls in the front yard setback as depicted on the plans dated "Received" April 7, 1997 for Lot 48, Block 1, Wildridge Subdivision, Town of Avon, Eagle County Colorado, as submitted. ADOPTED THIS 6th DAY OF MAY, 1997 Sue Railton, Secretary Date: Date: 5-6 — 9 J:\P&Z\RESOLUTI\RES 97\97-7VAR.DOC