L1 B1 BMBC Setback Var Res. 97-5TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 97-5
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 1, BLOCK 1, BENCHMARK AT BEAVER
CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Coastal Mart, Inc., owner of Lot 1, Block 1, Benchmark at Beaver Creek 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 construct a canopy extension 20 feet into the 25 foot
front yard setback as depicted on the plans dated "Received" April 14, 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.
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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 Front Yard Setback Variance from the "25 foot front yard
setback" requirement of Title 17 of the Avon Municipal Code for Lot 1, Block 1, Benchmark at Beaver
Creek Subdivision, Town of Avon, Eagle County Colorado, as submitted.
ADOPTED THIS 6th DAY OF MAY, 1997
Sue Railton, Secretary
Date: Is fp
Date:
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