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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. 20B3WR.DOC 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. 2OB3WR.DOC 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�_