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.
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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.
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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
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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
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