L20 B3 WR VARTown of Avon Planning & Zoning Commission
Staff Report: Variance
Submitted for the August 15, 1995 meeting
Date August 11, 1995
Project Vedder Duplex
Variance Type Variance for side yard easement
Legal Description Lot 20, Block 3, Wildridge Subdivision
Zoning PUD
Introduction
The variance request is to allow a retaining wall to encroach into the side yard setback. On April
19, 1994 a variance was granted for a 2.5 foot encroachment of the retaining wall into the side
yard and front yard setback. The project then received final design approval on May 2, 1995 with
a condition that the retaining wall be no taller than 8 feet in height. On June 20, 1995 the Planning
& Zoning Commission approved a modification that included an 8 foot encroachment of the
retaining wall into the side yard setback. However, it was not clear from the information
presented at that meeting that the previous variance granted on April 19, 1994 had approved only
a 2.5 foot encroachment into the setback. Therefore, the applicant is now requesting a variance
that matches the modified site plan approved at the June 20, 1995 meeting. Thus, this variance
request would now allow for the retaining wall to encroach 8 feet into the side yard setback. The
applicant states that this design helps to lengthen the driveway and therefore provide a gentler
grade on the driveway.
Staff Comments
The staff reviewed the variance request based upon the following criteria:
1. The relationship of the requested variance to other existing or potential uses and structures
in the vicinity.
The proposed variance is anticipated to impact the adjacent property. It is unlikely that the
wall can be constructed within two feet of the adjacent property and not result in disturbance
to the property.
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. A
driveway grading plan with the retaining wall encroaching only 2.5 feet into the setback as
approved by the previous variance has already been approved. Therefore, a functional
driveway meeting Town codes for driveway grades can be achieved without the variance.
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Lot 20, Block 3, Wildridge sub- . ision, page 2
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 is not anticipated to have a negative impact on adjacent
properties in terms of light, air etc. There would not be any impacts on traffic facilities,
utilities, or public safety.
4. Such other factors and criteria as the commission deems applicable to the proposed
variance.
Staff has not identified any additional factors.
Approval Criteria
According to Section 17.36.040 of 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.
Recommended Action
Staff recommends denial of the variance based on the finding that it would impact the adjacent
property during construction of the retaining wall.
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Lot 20, Block 3, Wildridge sul. inion, page 3
Submitted for the August 15, 1995 meeting
If you have any questions regarding this or any other project or community development issue,
please call me at 949-4280 (extension 131), or stop by the Community Development Department.
Respectfully submitted,
Karen Griffith
Town Planner
20B3WR.DOC
Lot 20, Block 3, Wildridge sub_ ision, page 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 (✓) Continued ( ) Variance Denied ( )
Withdrawn ( )
Date S -/S= 9, S Sue Railton, Secretary, 'S� 4494�_