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Decision for Malahide LLC Appeal for Lot 111C Block 1 WildridgeAvon COLORADO AVON TOWN COUNCIL FINDINGS OF FACT AND RECORD OF DECISION MALAHIDE LLC APPEAL OF PLANNING AND ZONING COMMISSION DECISION FOR LOT 111C, BLOCK 1, WILDRIDGE, AVON, COLORADO DATE OF DECISION: August 13, 2019 APPLICATION TYPE: Appeal of Variance FILE NUMBER: VAR19oo1 PROPERTY LOCATION: Lot 111C, Block 1, Wildridge, Avon, Colorado APPELLANT/APPLICANT/OWNER: Malahide LLC FINDINGS: 1. The property is part of Lot 111, Block 1, Wildridge Subdivision; a PUD Amendment was approved by the Avon Town Council by [Ordinance No., 99-8] to create the Beaver Creek Point PUD (the "PUD"), attached hereto as Exhibit A. 2. The PUD Guide, attached hereto as Exhibit B, establishes unique development and design standards for the development of five single family homes and common landscaping. 3. Lot 111, Block 1, Wildridge was resubdivided into five single family properties pursuant to the PUD Guide; the subdivision created a common access and maintenance easement for driveway construction as well as individual building envelopes. 4. The PUD Guide's Development Notes state "any issue not addressed by the PUD approval granted hereby shall be governed by the Town of Avon Zoning Code." 5. The Town of Avon Development Code, Title 7 of the Avon Municipal Code (the "Code"), is the governing zoning code for the Town. 6. According to Section 7-16.110 of the Code, a variances from certain regulations may be granted in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the Code as would result from strict or literal interpretation and enforcement. 7. A variance application, attached hereto as Exhibit C, was submitted by Malahide, LLC, owners of record for Lot 111C, Block 1, Wildridge Subdivision, for installation of solar related improvements. 8. Staff referred the application to the Planning and Zoning Commission (the "PZC") for a decision as provided by Section 7.16.11o(a) of the Code. 9. On June 4, 2019, the PZC conducted a public hearing to review the Applicant's variance request based on conflicts with the standards set forth in the Code, specifically: Page 1 of 3 10 11 Avon COLORADO a. The granting of the variance would constitute a grant of special privilege inconsistent with the setback limitations on the other properties in the PUD and surrounding community; b. The granting of the variance would be minimally detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; c. The enforcement of the building envelope regulation would not result in practical difficulties inconsistent with the Code; and d. There are no exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the vicinity. The Applicant submitted a timely appeal pursuant to Section 7.16.16o of the Code. The Avon Town Council (the "Council") conducts a de novo review of the original Malahide LLC application. This appeal is limited to review of the PZC's denial of the installation of the solar related improvements. The Council has considered all materials submitted by the Applicant, materials submitted by Town staff, and materials submitted by the public, in addition to relevant portions of the Code and PUD in determining the findings of fact. The Council does not adopt the findings of the Planning and Zoning Commission as described in Paragraph 9 above and makes the following substitute findings: a. The variance is not necessary to achieve relief from the provisions of the PUD in order to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of the Code without grant of special privilege. Each lot within the PUD is nearly the same size, and enlarging the applicant's building envelope is not necessary to achieve compatibility with other building envelopes within the PUD. Other objectives of the Code may be harmed by granting the variance, including 1) establishing standards to which buildings or structures shall conform; 2) conserving the value of the investments of the people of the Avon community; 3) preserving scenic views; and 4) preserving property values; b. The variance will have minimal impact on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety; c. Granting the variance will constitute a special privilege to the Applicant inconsistent with the limitations on other properties within the PUD. The other property owners within the PUD are restricted to their respective building envelopes, no matter what improvements they may want to build or install, and the Applicant's desire to install specific solar improvements beyond the boundaries of its building envelope is not a reasonable basis upon which to grant a variance; d. 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; e. The strict, literal interpretation and enforcement of the specified regulation Page 2 of 3 Avon COLORADO will not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Code. The Applicant's own material indicates other approaches to installation of a solar energy system are available to the Applicant. Cost or inconvenience to the Applicant of strict or literal compliance with a regulation does not provide grounds for granting a variance. f. There are no 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. The building envelope size is nearly identical to the other building envelopes within the PUD. g. The strict or literal interpretation and enforcement of the specified regulation would deprive the Applicant of privileges enjoyed by the owners of other properties in the same zone district. No showing has been made that enforcement of the building envelope would deprive the Applicant of privileges enjoyed by other properties within the PUD. The Applicant has the ability to install solar improvements within the building envelope, but nothing in the Code provides the Applicant the right to install as many solar energy devices on its property as it desires. 12. DECISION: Based upon the Findings of Fact, the Council hereby DENIES the Applicant's appeal, thereby denying the installation of the building improvements beyond the boundaries of the relevant building envelope. APPROVED BY MOTION on August 13, 2019. AVON TOWN COUNCIL AVON/TOWN QOUN By: Sarah Smith Hymes Attest: 9--% . e s Brenda Torres. Town alOFg1/O �S EA L LORA�J� Page 3 of 3