L82 B1 WR VAR PZC Res No. 97-11TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 97-11
SERIES OF 1997
A RESOLUTION GRANTING A VARIANCE FROM THE SIDE
YARD SETBACK AS STIPULATED IN TITLE 17 OF THE
AVON MUNICIPAL CODE, FOR LOT 82, BLOCK 1,
WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, MVM Developers, owners of Lot 82, Block 1, Wildridge Subdivision have applied for
a variance from the "Minimum Side Yard Setback" requirements as stipulated in Title 17, of the
Avon Municipal Code in order to place structural retaining walls in the side yard setback, as
depicted on the plans dated "received" August 19, 1997; and
WHEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of
Avon, pursuant to notices required by law, at which time the applicant and the public were given
an opportunity to express their opinions and present certain information and reports regarding the
proposed Minimum Side Yard Setback Variance application and has considered:
A. The relationship of the requested variance to other existing or potential uses and structures in the
vicinity; and
B. The degree to which relief from the strict or literal interpretation and enforcements 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; and
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; and
D. Such other factors and criteria as the Commission deems applicable to the proposed variance.
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WHEREAS, the Planning & Zoning Commission finds:
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 or improvements in the vicinity;
C. That the variance is warranted for one or more of the following reasons:
I. 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;
II. 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 vicinity;
III. The strict, literal interpretation and enforcement of the specified regulation would deprive the
applicant of privileges enjoyed by the owners of other properties in the same district.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of
Avon, Colorado, hereby approves a Grant of Variance from the "Minimum Side Yard Setback"
requirement of Title 17 of the Avon Municipal Code for the placement of structural retaining wall in
the side yard setback, as depicted on the plans dated "received" August 19, 1997, for Lot 82, Block 1,
Wildridge Subdivision, Town of Avon, Eagle County Colorado.
ADOPTED THIS 2nd DAY OF SEPTEMBER, 1997
S'Lq(� Date:
Andrew Karow, Chair
Attest:
Sue Railton, Secretary
Date: Z
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