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L79 B4 WR VarianceTown of Avon Planning & Zoning Commission Staff Report: Variance Submitted for the August 15, 1995 meeting Date August 11, 1995 Project Mendel -Allison Duplex Variance Type Front Yard Setback Variance Legal Description Lot 79, Block 4, Wildridge Subdivision Zoning PUD Introduction The variance request is to allow a garage to encroach into the 25 foot front yard setback. The proposed project design is comprised of a duplex with the two units attached at a shared porch. The applicants are requesting the variance for the location of the garage of one of the units to minimize site disturbance. The garage would be an earth sheltered garage designed to receive drainage and snow from the road above. The slopes in the area of the front yard setback in which the proposed garage would be located exceed 50 percent. The slopes in the rear of the lot are 22 percent and less. Excavation would be required of the steep slope in the 25 foot front yard setback where slopes exceed 50 percent The applicants have not submitted a concept design at this time, but request action on their setback variance before undertaking further design work. Staff Comments The staff reviewed the variance request with respect to the following criteria: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The proposed encroachment would not have a negative impact on adjacent structures or other uses in the vicinity because it would be earth sheltered. However, disturbance of the site, including cutting into the existing slope would be required to accommodate the proposed design. 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. The variance is not needed to allow for uniformity of treatment of sites within the vicinity. The rear portion of the lot has slopes of 22 percent or less. Therefore, the home could be moved to the rear of the lot and be developed without the variance. Less site disturbance would occur if the home were moved toward the rear of the lot. The variance is not necessary to achieve compatibility of design with other homes in the vicinity or uniformity of treatment among sites because it is possible to develop the site fully without the variance. 79B4WR.DOC Lot 79, Block 4, Wildridge, pL Z Submitted for the August 15, 1995 meeting 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 granting of the variance would not have a negative impact on the adjacent property's light or air since the proposed unit would be earth sheltered. The structure is proposed within the slope maintenance and snow storage easement. However, the structure could be designed to accommodate the snow load and drainage that would be received from the road.. 4. Such other factors and criteria applicable to the proposed variance. The granting of this variance would result in more site disturbance, which the steep slope guidelines discourage. 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: A. The relationship of the requested variance to other existing or potential uses and structures in the vicinity; 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;. 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; D. Such other factors and criteria as the Commission deems applicable to the proposed variance. 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. 79B4WR.DOC Lot 79, Block 4, Wildridge, p� 3 Submitted for the August 15, 1995 meeting Recommended Action Staff recommends that the applicant design the project to relocate the garage and consider pushing the unit to the rear of the property where the slopes are gentler. The proposed garage encroaches into the entire 25 foot front yard setback. It appears that the site could be redesigned to avoid the variance and minimize site disturbance. Based on these factors, staff does not support the proposed variance. If you have any questions regarding this or any other project or community development issue, please call me at 949-4280 (extension 129), or stop by the Community Development Department. Respectfully submitted, Karen Griffith Town Planner 79B4WR.DOC Lot 79, Block 4, Wildridge, p; 4 Submitted for the August 15, 1995 meeting Planning & Zoning Commission Action Variance granted as submitted ( ) Variance granted with recommended conditions ( ) Approved with modified conditions (✓� Withdrawn ( ) Continued ( ) Variance Denied ( ) Date g -/S- 95 Sue Railton, Secretary 79B4WR.DOC