L31 B1 BMBC VAR Design ModTown of Avon Planning & Zoning Commission
Staff Report: Variance and Design
Modification
Submitted for the March 19, 1996 meeting
Date 27 April, 1995
Project Veterinarian Hospital
Variance Type Two Separate Rear Yard Setback Variances
Legal Description Lot 31, Block 1, Benchmark Subdivision
Zoning IC - Industrial and Commercial
Introduction
This project received Final Design approval on June 6, 1995. This application contains three
elements: two variances and a design modification:
The two variances are:
to extend covered external kennels six feet into the ten foot rear yard setback;
2. to extend a six foot high retaining wall into the seven and half foot side yard setback, and
slightly into the rear yard setback.
The applicant wishes to modify the approved grading plan to allow excavation up to ten feet
beyond the rear property line during foundation construction, and final grading to extend up
to five feet beyond the rear property line. Since the Town of Avon owns the land adjacent to
the rear lot line, the Commission should review the proposed design modification and forward
its recommendation onto the Town Council. As the legal owner, the Town Council would
have to grant permission to allow excavation and grading on Town property.
Staff Comments:
Variance request 1: Outdoor kennels in rear yard setback
The staff reviewed the variance request for the covered outdoor kennels' six foot
encroachment into the rear set back with respect to the following criteria:
3. The relationship of the requested variance to other existing or potential uses and
structures in the vicinity.
Potential off-site visual and noise impacts from the exterior kennels are minimized by their
location between the rear of the building and the adjacent steep slope.
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.
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Lot 31, Block 1, Benchmark at Beaver Creek page 2
March 19, 1996 Planning & Zoning meeting
This lot is significantly shallower in depth compared with other lots in this district. The
applicant states that the location of the exterior kennels within the rear setback is necessary
due to the size of the approved building and its associated parking.
4. 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 location of the external kennels should not have any significant effect on light and air,
distribution of population, transportation and traffic facilities or public safety. In terms of
public facilities and utilities, the applicant has provided sufficient assurances that these items
will not be significantly affected.
5. Such other factors and criteria applicable to the proposed variance.
The location and use of the exterior kennels was part of the original plans approved for Final
Design. This variance
Variance request 2: Retaining wall in side and rear yard setbacks
The staff reviewed the variance request for the retaining wall's encroachment into both the
rear and side yard setbacks with respect to the following criteria. It should be noted that the
proposed retaining wall as shown on the variance application appears to extend beyond the
east property line. This is an error, and should be corrected to show the wall extending to the
property line, and not beyond.
6. The relationship of the requested variance to other existing or potential uses and
structures in the vicinity.
The applicant indicates that the wall will not impair development of the adjacent lot 30.
Because lot 30 is sloping to the southwest, a similar retaining wall will likely be required, and
is anticipated by that lot's owner. The owner of Lot 30 has also granted the applicant an
easement for excavation and grading beyond the property line.
7. 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.
While it does not appear that granting a variance for the construction of this retaining wall
would adversely impact adjacent properties, it is difficult to determine that granting the
variance 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. Staff would
need to review a completed grading plan to effectively advise the Commission on this
particular criterion. The applicant has not yet provided such a grading plan.
8. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities and public safety
Based upon the information provided by the applicant, it appears none of the above
considerations will be adversely effected.
9. Such other factors and criteria applicable to the proposed variance.
No other factors identified by the applicant.
31B2BSV2.DOC
Lot 31, Block 1; Benchmark at Beaver Creek page 3
March 19, 1996 Planning & Zoning meeting
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 Modification
As part of the building permit review for this project, the applicant has not yet submitted a
grading plan that meets Town standards. The current grading plan fails to diverts water away
from the rear of the building at the east end, and traps run-off against the building near the
exterior kennels. The soils report for this site recommends at least 1 foot of slope in 10 feet
away from a structure in this area.
The applicant's proposed solution is to excavate up to ten feet beyond the rear property line
during foundation construction and then final grading to extend up to five feet beyond the rear
property line.
31B2BSV2.DOC
Lot 31, Block 1, Benchmark at Beaver Creek page 4
March 19, 1996 Planning & Zoning meeting
Staff Recommendations
• Grant Variance # 1, allowing construction of the kennels within the rear lot setback, based
upon conformance with review considerations cited above.
• Continue the hearing on Variance request # 2 (retaining wall in side and rear setbacks) until a
date certain (as determined by the Commission), to give the applicant time to prepare, and the
staff time to review, a grading plan adequately incorporating the proposed retaining wall.
• Table the application for design modification (extending excavation beyond the rear property
line) until the applicant submits, and the staff reviews, a grading plan adequately incorporating
the proposed off-site excavation and grading.
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.
Respectfully submitted,
George H. Harrison
Assistant Planner
3113213SV2.DOC
Lot 31, Block 1, Benchmark at Beaver Creek page 5
March 19, 1996 Planning & Zoning meeting
Planning & Zoning Commission Action
Variance # 1: R"Granted O Granted with modifications O Denied
Variance # 2: 2 Granted o Granted with modifications O Denied
Design Modification: O Approved O Approved with conditions O Denied
Date 3 / — 4 Sue Railton, Secretary
31B2BSV2.DOC