L3 B1 SR VAR parking lotTown of Avon
Final Design &
Variance
Staff Report
September 2, 1997, Planning & Zoning Commission meeting
Report date
Project type
Variance type
Legal description
Zoning
Address
Introduction
August 29, 1997
Parking lot design modification
Parking lot in front yard parking setback
Lot 3, Block 1, Sunroad Subdivision
TC -Town Center
0011 W. Beaver Creek Boulevard
1" Bank has applied for a variance and design approval to shift the existing parking lot on the
east side of the building three feet six inches to the east. The purpose of the modification is to
provide room for snow shedding off the roof. The parking lot will be shifted and a new sidewalk
will be constructed outside the snow -shed area.
The variance request is to allow a 4 -foot encroachment 10 feet in length into the 10 -foot parking
lot setback. A small portion of one parking space encroaches into the setback.
Variance Review Considerations
Staff reviewed the variance request with respect to the Section 17.36.040, of the Avon Municipal
Code, which sets the following criteria by which the Planning & Zoning Commission shall
consider the requested variance:
1. The relationship of the requested variance to other existing or potential uses and structures in
the vicinity.
The variance request for a small encroachment of the parking lot into the front parking lot
setback will not impact other existing uses or structures. The adjacent area is well
landscaped and will not impact the functioning of the adjacent Avon Road and roundabout.
2. The degree to which relief from the strict or literal interpretation and enforcement of a specific
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 requested to address a hazardous situation at an existing development. Based on the
purpose of the variance and the small amount of the encroachment requested, staff does not believe
that granting of the variance would constitute a special privilege.
Town of Avon Community Development j:\p&z\1997\90297\3b2sundr&v.doc
(970) 949-4280 Fax (970) 949-5749
Lot 3, Block 2, Sunroad Subdivision, Variance & Modification of Final Design Review, page 2
September 2, 1997 Planning & Zoning Commission 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 variance is requested to address a public safety concern. The parking lot is being shifted
to the east to move a sidewalk outside of an area where the roof sheds snow. The variance
request will not create any safety problems or impact traffic facilities.
4. Such other factors and criteria applicable to the proposed variance.
No other factors have been identified.
Required Findings for a Variance
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 for Requested Variance
Staff believes the requested variance satisfies the required findings listed above. Therefore, we
recommend granting the requested variance
Recommended Motion for Requested Variance
Approve Planning & Zoning Commission Resolution 97-10, granting a variance for Lot 3, Block
2, Sunroad Subdivision to allow an encroachment of one parking space into the front 10 foot
parking setback, as depicted on plan sets dated received August 19, 1997.
Design Review Considerations
According to the Commission's Procedures, Rules & Regulations, Section 6.10, the Commission
shall consider the following items in reviewing the design of this project:
1. Conformance with the Zoning Code and other applicable regulations of the Town.
• The application meets setback requirements provided the variance is granted to allow the
encroachment of one parking space into the front 10 foot parking setback.
Town of Avon Community Development j:\p&z\1997\90297\3b2sundr&v.doc
(970) 949-4280 Fax (970) 949-5749
Lot 3, Block 2, Sunroad Subdivision, Variance & Modification of Final Design Review, page 3
September 2, 1997 Planning & Zoning Commission meeting
• The plan indicates that one parking space may be removed to preserve an existing Spruce
tree. Based on plans on file, the bank exceeds the parking requirements and this space
can be removed. (35 spaces are required and 49 are provided).
• The modified plan continues to meet requirement for a minimum of 20 percent of the site
to be landscaped. 11, 462 square feet of landscape area will be provided, 9,426 square
feet are required.
• 20% snow storage area has been provided.
• The proposed modification otherwise conforms to all provisions of the Zoning Code.
2. The suitability of the improvement, including type and quality of materials of which it is to be
constructed and the site upon which it is to be located.
The plans need to clarify the surface of snow storage area east of the building. Staff
recommends a lawn would be most appropriate to accommodate snow storage.
3. The compatibility of the design to minimize site impacts to adjacent properties.
The proposed project will not impact adjacent properties. The parking lot is adjacent to
Avon Road ROW. The shift in the parking lot will not affect the road or significantly change
the appearance of the area.
4. The compatibility of the proposed improvements with site topography.
The modifications are compatible with the site's flat topography.
5. The visual appearance of any proposed improvement as viewed from adjacent and neighboring
properties and public ways.
The project will have minimal impact on the appearance from adjacent property or public
way. The site has mature landscaping which will remain in place. The shift in the parking
lot to the east is not likely to be very noticeable.
6. The objective that no improvement be so similar or dissimilar to others in the vicinity that
values, monetary or aesthetic will be impaired.
Not applicable.
7. The general conformance of the proposed improvements with the adopted Goals, Policies and
Programs for the Town of Avon.
This project generally conforms to the adopted Goals, Policies, and Programs for the Town
of Avon.
Recommended Action for Design Review
Based upon the project's conformance with the above criteria, staff recommends approval of the
Final Design modification with conditions.
Recommended Motion for Design Review
Approve the parking lot and landscaping modifications to the Final Design for Lot 3, Block 2,
Sunroad Subdivision as depicted on the plans dated "Received" August 19, 1997, with the
following conditions:
1. Final design is conditioned upon approval for variance for parking lot encroachment into 10 -
foot setback.
Town of Avon Community Development j:\p&z\1997\90297\3b2sundr&v.doc
(970) 949-4280 Fax (970) 949-5749
Lot 3, Block 2, Sunroad Subdivision, Variance & Modification of Final Design Review, page 4
September 2, 1997 Planning & Zoning Commission meeting
2. Ground cover shall be specified for snow storage area and approved by staff.
3. Landscaping details shall be provided for landscape island.
4. Plans indicate proposed location of relocated light poles.
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,
Karen S. Griffith,-A.I.C.P.
Town Planner
Town of Avon Community Development j:\p&z\1997\90297\3b2sundr&v.doc
(970)949-4280 Fax(970)949-5749
Lot 3, Block 2, Sunroad Subdivision, Variance & Modification of Final Design Review, page 6
September 2, 1997 Planning & Zoning Commission meeting
Planning & Zoning Commission Action
❑ Approved as submitted Approved with conditions (noted below)
❑ Denied ❑ Tabled ❑ Withdrawn by applicant
Conditions of approval, reasons for tabling or withdrawal of application, or basis for denial (refer
to code or guidelines by number):
L�( 1% Date 4T Is
Karow, Chair
Atter
Date
Sue Railton, Secretary
Town of Avon Community Development j:\p&z\1997\90297\3b2sundr&v.doc
(970) 949-4280 Fax (970) 949-5749