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PZC Packet 020122AVON PLANNING & ZONING COMMISSION i lk MEETING AGENDA Avon TUESDAY, FEBRUARY 1, 2022 - MEETING BEGINS AT 5:00 PM COLORADO 100 MIKAELA WAY-AVON TOWN HALL- TOWN COUNCIL CHAMBERS 1ST FLOOR CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS 4. 3770 EAGLEBEND DR I MAJOR DEVELOPMENT PLAN - PUBLIC HEARING - EXTERIOR MODIFICATIONS INCLUDING CARPORT AND ADDITIONAL LIVING SPACE. (PLANNING DIRECTOR MATT PIELSTICKER AND ARCHITECT ERIC JOHNSON). 5. 1782 SWIFT GULCH RD I ALTERNATIVE EQUIVALENT COMPLIANCE - PUBLIC HEARING - VARIATIONS TO PUD DESIGN REQUIREMENTS FOR DUAL -BRAND HOTEL PROJECT: ROOFING AND SIDING (PLANNING DIRECTOR MATT PIELSTICKER AND ARCHITECT JON HANES) 6. CONSENT AGENDA 6.1. APPROVAL OF MINUTES FROM JANUARY 18, 2022 PZC MEETING 6.2. RECORD OF DECISION AND FINDINGS OF FACT FOR VAR21001, VARIANCE AT 3770 EAGLEBEND DRIVE 7. STAFF UPDATES 7. ADJOURN MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MPIELSTICKER@AVON.ORG WITH ANY SPECIAL REQUESTS. TO: Planning and Zoning Commission FROM: Matt Pielsticker, AICP, Planning Director Avon RE: MNR21044 Major Development Plan 3770 Eaglebend Drive, Unit A PUBLIC HEARING C 0 L 0 R A D 0 DATE: January 27, 2022 STAFF REPORT OVERVIEW: This staff report contains one application for consideration by the PZC: Major Development Plan for building additions at 3770 Eaglebend Drive ("Property"), Eaglebend Subdivision. SUMMARY: Eric Johnson, architect ("Applicant"), is representing the Schoch family with this proposal. At the last PZC meeting, a Variance was approved for the Property, granting the right to expand the footprint and fully enclose a garage structure in place of an existing carport. The Application includes the garage, and also a number of other exterior changes to the existing home. Approximately 1,000 square feet of additional finished space, and 540 square feet for the garage are proposed. The architectural theme, use of materials, colors, and detailing, is consistent with the existing home. SITE DESCRIPTION: The Property is located on the river side of Eaglebend Drive and is the first property to the east of Stonebridge cluster homes. The Property includes two single-family homes constructed in 1985. The two units are linked together with bridge elements. The site measures .186 acres and slopes down from Eaglebend Drive toward the Eagle River. Mature landscaping exists on all sides of the structure. The 30' Metcalf Ditch Easement splits the lot in half, which renders the bottom 213 of the Property undevelopable. The existing dwelling unit measures approximately 1,900 square feet. y ir :... jL! rf ��a is AL r � f • �P # r , PUBLIC NOTIFICATION: Notice of the public hearing was published in the Vail Daily in accordance with Sec. 7.16.020(4) of the Avon Development Code (ADC). Mailed notice is not required for this application. Written public comments have not been received. A physcial sign indicating a public hearing on a land use file was posted on the property two weeks ago. DESIGN STANDARDS ANALYSIS: The proposed materials include rock veneer siding, metal roofing, and vertical tongue and groove wood siding. Avon Development Code Section 7.28.090(c)(3), Building Materials, 970-748-4413 mpielsticker@avon.org Page 1 of 3 requires the use of "high quality, durable building materials", and "preferred materials reflect the Town's sub -alpine character such as native stone, wood siding, masonry or timbers." All of these materials are considered with this design. The colors meet Light Reflective Value (LRV) standards and are earth tone. The roof materials and pitch were reviewed for compliance with Sec. 7.28.090(4) (3) Roofs. Existing and proposed roof pitches are 12:12, and the garage would be 3:12 (Note: Plans show 2:12 but will be updated for presentation at the hearing). The plan proposes all standing seam metal roofing, which is consistent with the design standards. The addition of the low-pitched roof covering portions of the patio on the west side of the structure help to gain conformance with Sec. 7.28.090 (c)(5), Weather Protection for Pedestrian Areas. The Property has experienced dangerous snow and ice shedding events and the covered walkway could help mitigated these concerns partially. § 7.16.080(g), Development Plan 1. Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; Staff Response: The application generally complies with the applicable purpose statements outlined in the Development Code. Purpose (1) states, "Promote architectural design which is compatible, functional, practical and complimentary checking to Avon's sub -alpine environment". The architecture is compatible with immediate duplex developments, and the improvements honor Avon's sub -alpine environment. 2. The design conforms with the Avon Comprehensive Plan and other applicable, adopted plan documents; Staff Response: The site is located in the Riverfront District (District 2 of the Comprehensive Plan), which states, "The District provides access to Beaver Creek Village, U.S. Highway 6, the Eagle River, and the Eagle Valley Trail. Planning and development of this District must incorporate these key assets." The planning principles listed for District 2 do not directly relate to this property. 3. Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; Staff Response: The building additions comply with the prescribed setbacks and building height standards. As presented, the garage is consistent with the concept shown during the Variance approval on January 18, 2022. The neighboring property owner has also approved the plans. 4. Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; Staff Response: The Application demonstrates compliance with the development and design standards. 5. That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services; and Staff Response: The existing home is served and serviced by all utilities and special districts. 6. The development design conforms with the character of the surrounding community; or, where 970-748-4413 mpielsticker@avon.org Page 2 of 3 redevelopment is anticipated, relates the development to the character of Avon as a whole. Staff Response: The Property is situated on a quiet street with varying architectural expressions, however, the first three properties in the portion of Eaglebend subdivision were developed together and all share a common theme. The Application relates to and maintains the established architectural theme with matching design details. AVAILABLE ACTION OPTIONS: PZC has the following options with respect to the Major Development Plan 1. Approve as outlined below; 2. Approve with modified findings and conditions; 3. Continue application to future meeting pending additional details or studies; or 4. Deny application after formulating justifiable findings. RECOMMENDED MOTION: "I move to Approve Case #MNR21044, an application for improvements to the property located at 3770 Eaglebend Drive, based on the findings outlined in staff's report." Findings: 1. The proposed application was reviewed pursuant to §7.16.080, Development Plan, and the design meets the development standards established in the Avon Development Code; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. The demand for public services or infrastructure exceeding current capacity is mitigated by the application; and The design relates the development to the character of the surrounding community. Thank you, Matt ATTACHMENTS: A. Architectural Plans, dated January 20, 2022 B. Photographs 970-748-4413 mpielsticker@avon.org Page 3 of 3 ,,. SITE —�—FSI N—A—LFA PLAT �• . __ RESUDOWISION OF LOT 19,8LOCN t • • • TOWN OF AVON,EA9LE Gj" ' Ll, no r We•Iv�vwR,fF,FF- � -� - 1 IMPROVEMENT LOCATION CERTIFICATE INACCOROANCEWITNC.R.S.3661-108(EFFeenVe Juv 1,3013) gy90 \ \ TNIR CERTIFICATE IS VALID ONLY FOR USE WV 55 60 ^ "4.• /\ � \ BUYER/BORROWER: JA REO P. SCROCN fi OC UMLE TAUBF U/A A V''`/r qma �• ELATNE N SCROCM REvO iur TRusr U/A sE4lR/OWRER: WN?NEYGOULOENIOOSTRUST, WN?NEY GOULOEN TRUSTEE Irvy�gi v�Po app / ^u °�;a MIT - L E�G�E gryEq \ Account: R031059 EAGLERENO DRIVE 1501 -30 410 Q /300030003000 7/ "e„"°`~;'�",'mmA Land Co,uWting. Ltd INFRovenerrt LouTroN cegnnuTE Archibeque r I 5 6 ' A ,oq TRiCT G no r We•Iv�vwR,fF,FF- � -� - 1 IMPROVEMENT LOCATION CERTIFICATE INACCOROANCEWITNC.R.S.3661-108(EFFeenVe Juv 1,3013) gy90 \ \ TNIR CERTIFICATE IS VALID ONLY FOR USE WV 55 60 ^ "4.• /\ � \ BUYER/BORROWER: JA REO P. SCROCN fi OC UMLE TAUBF U/A A V''`/r qma �• ELATNE N SCROCM REvO iur TRusr U/A sE4lR/OWRER: WN?NEYGOULOENIOOSTRUST, WN?NEY GOULOEN TRUSTEE Irvy�gi v�Po app / ^u °�;a MIT - L E�G�E gryEq \ Account: R031059 to' WDD 12' F --196.0 at III 24' BAS 16�O FUS 684.08 6' 612.0 at 24' '7 FUS 6' 612.0 at NORTH ELEVATION W E 5T ELEVATION -30 Q /300030003000 "e„"°`~;'�",'mmA Land Co,uWting. Ltd INFRovenerrt LouTroN cegnnuTE Archibeque to' WDD 12' F --196.0 at III 24' BAS 16�O FUS 684.08 6' 612.0 at 24' '7 FUS 6' 612.0 at NORTH ELEVATION W E 5T ELEVATION 4, 24' 24' N 12' 6' J �L STO 6' ST n 36.0 at 48,Q of T GDF 5957 I I I 400.0 _ a 30 00k 39.628 -106.509 Degrees 3000 3000 P. ney� qdd fag/gibed 3770 U 3950 PERSPECTIVES ¢.o EAST ELEVATION SOUTH ELEVATION T Property Owners Jared and Elaine SCHOCH via phone 303 913 2478 747 S. Corona Street via email jschoch@tpoint-c.com Denver, CO 80209-4407 Property Address 3770 Eaglebend Drive Account Number R031059 Legal Summary Lot 19-A, Block 2, Eaglebend Subdivision, Filing 1, Avon, Colorado 81620 Lot Size (19-A) L86 Acres 81021 SF Lot 19-B 1.85 Acres 80 773 SF Buildable Area 3 285 SF 3 487 SF Buildable Area exclude setbacks 1 995 SF 1987 SF Total Buildable Area (A+B) 6 772 SF excluding setbacks 3 982 SF Lot Frontage 45 FT Setbacks 20' front/ 7.5' side/ Metcalf Ditch rear Building Height 35 FT 4 Stories Duplex Residence West Unit Gross Floor Area 2 308 SF (existing) 3 285 SF+ 540 SF garage (proposed) Site Coverage (52%) 1 700 SF parking (33%) 1 073 SF landscape (15%) 512 SF Parking Spaces 2 enclosed + 1 unenclosed Land Area 81021 SF Open Space 77 736 SF Landscape Space 78 248 SF -30 Q /300030003000 4, 24' 24' N 12' 6' J �L STO 6' ST n 36.0 at 48,Q of T GDF 5957 I I I 400.0 _ a 30 00k 39.628 -106.509 Degrees 3000 3000 P. ney� qdd fag/gibed 3770 U 3950 PERSPECTIVES ¢.o EAST ELEVATION SOUTH ELEVATION T Property Owners Jared and Elaine SCHOCH via phone 303 913 2478 747 S. Corona Street via email jschoch@tpoint-c.com Denver, CO 80209-4407 Property Address 3770 Eaglebend Drive Account Number R031059 Legal Summary Lot 19-A, Block 2, Eaglebend Subdivision, Filing 1, Avon, Colorado 81620 Lot Size (19-A) L86 Acres 81021 SF Lot 19-B 1.85 Acres 80 773 SF Buildable Area 3 285 SF 3 487 SF Buildable Area exclude setbacks 1 995 SF 1987 SF Total Buildable Area (A+B) 6 772 SF excluding setbacks 3 982 SF Lot Frontage 45 FT Setbacks 20' front/ 7.5' side/ Metcalf Ditch rear Building Height 35 FT 4 Stories Duplex Residence West Unit Gross Floor Area 2 308 SF (existing) 3 285 SF+ 540 SF garage (proposed) Site Coverage (52%) 1 700 SF parking (33%) 1 073 SF landscape (15%) 512 SF Parking Spaces 2 enclosed + 1 unenclosed Land Area 81021 SF Open Space 77 736 SF Landscape Space 78 248 SF EDGE OF ASPHALT '�� STONE WALL � N64'22'00'W °moo~ c)20.81' 45.00' sl 1 X Ur -'-0 -J _-A�NINN 1SB�F 1 3 v, i7 0 QRE�� po tri � Al 21.00' G� � ,tv'P 1 Theodore J. Archibeque PIS 37902 Colorado Professional Land Surveyor 10 0 5 10 20 40 - 1 INCH = 10 FEET REVISED 5-18-20, MINOR DRAFTING REVISIONS SB EAGLE BEND DRIVE 501 RIGHT-OF-WAY I '+Ddb Dvrl 1 SHARED vtP�� CENTERLINE OF ROAD— — 7.5' DRAINAGE EASEMENT STONE WALL '22100'E N I _ I I I I — — ICENTERLINE 30' METCALF DITCH EASE I I— _ _ I D1 N Ey I I 1 6P 3770 o VOA I n � ^I I � I I I I I I I � Passenger Turning Path - 900 IMPROVEMENT LOCATION CERTIFICATE -------------------------------- T LOT 19, BLOCK 2 Cr 1 T6" 2.3 rn EAGLE BEND SUBDIVISION, FILING NO. 1 minimum TOWN OF AVON, COUNTY OF EAGLE, �' ,E I STATE OF COLORADO �:__--------------------- _________ .WN BY: JOB NUMBER: DRAWING NAME: i SWB 10163 10163 -ILC 3770.DWG 19-2- 5.85 m SHEET 1 of 1 ,,..�. 5-18-20 _ I �,,,,,. - TSA 1 outer, • 3.5m inner I'----------------\. design construction solar specialist < VEWAY i C pr R. F'o CA: 910.390.6698 clTnhia�c,ln ad.c,xn eiz.oLtveov..,,m ? AGE EASEMENT , i 8'10" I UTILITY AND DRAIN2.7 w m Path Width: TO 2.3 m minimum 7.51 N71'12'33'V z Wheelbase d o 45.32' ' ' IVehicle Wheelbase: 8'10' 1 2.7m W 15'6" ; i Q 4-74m; i Vehicle Width: 5'9"11.76m Q w Compact Car -• ' Drawings include: G� 1.76 m Passenger Vehicle 90° Turning Path / x C plan U Links N I I,Q Wikipedia-Turning Radius z < o r 1 O � �- Z v` o u, 0 I` Z M ra 12 X10 � 2( 1 22 STT$_ PLAN /,' ROOF PLAN .4 no I 0 I I in N Z - I � I I I I I I I — — ICENTERLINE 30' METCALF DITCH EASE I I— _ _ I D1 N Ey I I 1 6P 3770 o VOA I n � ^I I � I I I I I I I � Passenger Turning Path - 900 IMPROVEMENT LOCATION CERTIFICATE -------------------------------- T LOT 19, BLOCK 2 Cr 1 T6" 2.3 rn EAGLE BEND SUBDIVISION, FILING NO. 1 minimum TOWN OF AVON, COUNTY OF EAGLE, �' ,E I STATE OF COLORADO �:__--------------------- _________ .WN BY: JOB NUMBER: DRAWING NAME: i SWB 10163 10163 -ILC 3770.DWG 19-2- 5.85 m SHEET 1 of 1 ,,..�. 5-18-20 _ I �,,,,,. - TSA 1 outer, • 3.5m inner I'----------------\. design construction solar specialist < + Details T�i: 970.926.5292 CA: 910.390.6698 clTnhia�c,ln ad.c,xn eiz.oLtveov..,,m Outer Radius: 19'2" 15.85 m AGE EASEMENT , i 8'10" Inner Radius: 11'6" 13.5 m UTILITY AND DRAIN2.7 w m Path Width: TO 2.3 m minimum 7.51 N71'12'33'V �o Wheelbase d o 45.32' ' ' IVehicle Wheelbase: 8'10' 1 2.7m 15'6" ; i Vehicle Length: 15'6' 14.74 m 4-74m; i Vehicle Width: 5'9"11.76m o Compact Car -• ' Drawings include: G� 1.76 m Passenger Vehicle 90° Turning Path / x C plan U Links II (O o I I,Q Wikipedia-Turning Radius PROPERTY L ROOF OUTLINE I LANDSCAPE— GARAGE I SHED ' STAIR I .c, fall I I COVERED DECK FOUNDATION OUTLINE DECK -f' q °� I EAGLEBEND DRIVE I CURB CUT PROPERTY LINE 4•- I ° MOTOR COURT LOT 19-B v� - --4 I� I' I -F I o Jj LANDSCAPE Z BRIDGE ABOVE +— I METERS DRY RESIDENCE ifi LANDSCAPEI [= X I 2 —t 1 til ~. N 1 p 4- a 2 0 A R zn erIC s s design construction solar specialist P.O. a'. AMR N Aa (A—.1, 8165$ T�i: 970.926.5292 CA: 910.390.6698 clTnhia�c,ln ad.c,xn eiz.oLtveov..,,m '> 00 w �o d o � CG � d W � o x C U O Q � ITI N b w C V r 1 O � nz rv^ v` 0 � c M ra 12 X10 � 2( 1 22 STT$_ PLAN /,' ROOF PLAN .4 � .1 cl, Is A wX .e ,II hnson r.,;,. ZZ hnson :hlteCT, P C. V L - 1 i 11 ,yZ I - SII ri 1-w i l hLofE Co II GARAGE MOTOR COUR' I SII i01II �I_pp I I ,p L COVERZNTRY lip 1s I I STAIRI BED TWO \ I, I .1 OPEN Cl.h 0 UIl n 1 I ' � -co I ENTRY FRIDGE MASTER MUD UPPER ENTRY ; WIC POWDER 10 0 STORAGE I LAUNDRY O MASTER BED M. BATH r STAIR I OPEN TO BELOW 24-� �l soil �I 0 J N c!` MAIN LEVEL / SECOND FLOOR - — � 11,cPli. L I 4- I- (10 I IL 112-1-0 11 STORE OFFICE STAIR I SHED IJ Fq`1 +�17 LOWER ENTRY II C. 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Gdunxln 81658 'fd: 971.921.5393 Cell: 9711.}70.(698 cjarehimnNnaLaam clurchi�u..wm 0 C00 Cal 1 > U v b >~ � o WrQ u01) Aoa c w c 0 Q � r l � V � 'W Q N � U Gzl 1 O O M TO: Planning and Zoning Commission n FROM: Matt Pielsticker, AICP, Planning Director Avon RE: AEC22001 Alternative Equivalent Compliance PUBLIC HEARING c o L o H A u o DATE: January 25, 2022 INTRODUCTION: This Staff report contains one application ("Application") for consideration by the Planning and Zoning Commission ("PZC"), an Alternative Equivalent Compliance ("AEC"). The Application is for deviations to the Village (at Avon) PUD Design standards for a hotel project in the Village (at Avon) PUD. PZC previously provided referral comments on this project design in May 2021. This public hearing is not a design review for the entire project. The Village (at Avon) Design Review Board ("Village DRB") is the governing design review body on all projects within the Village (at Avon) PUD. The Village (at Avon) PUD Guide document contains hotel -specific standards (""Supplemental Hotel Standards") for a hotel project within Planning Area J. The Supplemental Hotel Design Standards are located in Section 9 of the Village (at Avon) PUD Guide. Deviations from the Supplemental Hotel Design Standards are considered subject to the AEC provisions of the Avon Development Code. APPLICATION TYPE: Alternative Equivalent Compliance ADDRESS: 2758 Swift Gulch Road ZONING: Planned Unit Development ("PUD") — Regional/Neighborhood Commercial PROPERTY SIZE: 4.528 Acres APPLICANT: Avon Hospitality Holdings, LLC CURRENT OWNER: Traer Creek Holdings No. 2, LLC AEC REQUEST: The request ("Attachment A") includes two design standard alternatives: 1. Asphalt shingles for upper pitched roofs; and 2. Cementitious board siding STAFF RECOMMENDATION: I recommend that PZC approve the AEC Application. The proposed building material alternatives are high quality, appropriate for a project of this scale, and meet or exceed the intent of the Supplemental Hotel Design Standards. SUMMARY: The final action for the Application rests with PZC. Town Council and the Applicant reserve appeal rights. As noted above, the final design is reviewed and acted upon separately by the Village DRB. PUBLIC NOTICE: Notice of the public hearing was published in the January 21, 2022 edition of the Vail Daily in accordance with ADC Sec. 7.16.020(4). Mailed notice is not required for the Application. As of the date of this report, no written public comments have been received. 970-748-4413 mpielsticker@avon.org Page 1 of 5 The site location is in Planning Area J, situated between Swift Gulch Road and 1-70. The lot is next to the Eagle County Health Service District facility. Development will be highly visible from 1-70 eastbound and from the west bound off ramp to Post Boulevard. While not subdivided yet, this portion of Planning Area J will be resubdivided such that a separate property adjacent to Post Boulevard can be developed. The hotel parcel is estimated at 4.5 acres. Property highlighted in Red 3i 38 34 .t ;U52 ti F -F1 Excerpt from PUD Master Plan 970-748-4413 mpielsticker@avon.org Page 2 of 5 The following supplemental design and improvement standards shall apply to any Hotel, Motel, or Lodge uses developed withing Planning Area J in addition to other applicable design standards set for in the PUD Guide, including without limitation, the Minimum Design Guideline Standards. Compliance with these Supplemental Hotel Design Standards shall be confirmed by the Village (at Avon) DRB and the Director prior to the issuance of any building permit for a building designated for Hotel, Motel and Lodging uses. Deviations form these Supplemental Hotel Design Standards may be considered and approved in accordance with Section 7.16.120 (AEC) of the Avon Development Code. SUPPLEMENTAL HOTEL DESIGN STANDARDS: Following is the complete Planning Area J standards: (a) Exterior Building Materials and Color. (i) Requirements (1) a minimum of 20% of the vertical surfaces on each side of the exterior building elevation shall be comprised of stone, brick, precast concrete, or cast stone (2) Colors shall have an LRV (Light Reflective Value) of sixty or less. (3) All window frames shall be metal clad or alloy extrusions (ii) Prohibited (1) Colors shall not have a LRV greater than sixty (60) (2) Asphalt Siding, imitation brick, asbestos cement shingles or siding, imitation log siding, aluminum or vinyl siding and exterior insulated finishing system (EIFS) are not permitted. (3) Reflective glass shall not be permitted. (b) Roofs. (i) Pitched (1) All pitched roofs shall be no less than for -10 -twelve (4:12) slope. (2) Roof materials shall be unglazed concrete tiles, slate, copper, zinc, standing seam metal (CorTen or equivalent) or synthetic shakes. Solar and thermal collectors are permitted. (3) Overhangs are required. Buildings two stories or less shall have an overhang of no less than eighteen (18) inches, measured from the point where the wall meets the roof. (ii) Flat. Flat roofs shall have concrete pavers or stone ballast. Grass roofs and solar and thermal collectors are permitted. (c) Screening. All mechanical, communications and electrical equipment (wall and roof mounted) shall be screened from view of the adjacent street level with siding and/or roofing materials consistent with the Structure. All vent terminations, flashings, flues, safety apparatus and similar features shall utilize adjacent materials. (d) Articulation. Walls shall not span more than fifty (50) feet horizontally without a minimum of two (2) feet variation in the horizontal wall plane. Walls shall not span more than thirty (30) feet on any floor level without a minimum of one (1) architectural element. 970-748-4413 mpielsticker@avon.org Page 3 of 5 ALTERNATIVE EQUIVALENT COMPLIANCE: § 7.16.120, Alternative Equivalent Compliance Alternative equivalent compliance is a procedure that allows development to meet the intent of design -related provisions through an alternative design. It is not a general waiver or weakening of regulations; rather, this application procedure permits a site-specific plan that is equal to or better than the strict application of a design standard. This procedure is not intended as a substitute for a variance or administrative modification or a vehicle for relief from standards. Alternative compliance shall apply only to the specific site for which it is requested and does not establish a precedent for assured approval of other requests. 1. The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; Staff Response: The intent of the Supplemental Hotel Design Standards is to ensure a heightened level of design and appearance of hotel project(s) in Planning Area J. Planning Area J was identified as a "gateway" area during the Major PUD Amendment process in 2012, and as such, adding additional design standards for hotel projects was identified as a priority to maintain a high level of quality. The property is extremely visible from the Interstate, and also approaching the Post Boulevard roundabout from the Interstate 70 off ramp. Changing upper level roof materials, and portions of siding achieves the intent of the standards. Switching to a horizontal cementitious siding arguably exceeds some of the permissible building materials (i.e. stucco) in quality, longevity, and architectural detailing qualities. 2. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; Staff Response: The property is located within the Avon Comprehensive Plan's'Village at Avon District, which includes a "community gateway' at the roundabout adjacent to this project. Staff finds the alternative materials in alignment with Community Character goals and policies, an in particular Goal C.1: Ensure that development is compatible with existing and planned adjacent development and contributes to Avon's community image and character. The proposed materials are high quality and appropriate for the mountain setting. Equal attention is given to all sides of the building, which compliance with Avon Comprehensive Plan Policy C.1.3: Design four- sided architecture that maximizes solar exposure, protects views, and breaks up building bulk. The material variations will help to effectively break up the bulk of the building with additional variety and textures. 3. The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and Staff Response: The alternative materials are long lasting, durable substitutes that are equivalent to or better than those outlined in the standards. Reduced maintenance costs are likely with the proposed alternatives, which results in less energy use. 4. The proposed alternatives impose no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Title. Staff Response: The proposed alternatives do not present greater impacts, visual or otherwise, than would occur through strict adherence to the Supplemental Hotel Design Standards. 970-748-4413 mpielsticker@avon.org Page 4 of 5 AVAILABLE ACTIONS: 1. Approve as submitted, with staff's recommended findings. 2. Approve with modified findings and conditions. 3. Deny and direct staff to prepare appropriate findings 4. Continue the public hearing, with Applicant's consent, pending additional information. RECOMMENDED MOTION: `7 move to approve Case #AEC22001, an AEC application for variations to the supplemental design standards for a hotel project in Planning Area J, based upon the Findings of Fact as set forth in Matt Pielsticker's staff report dated January 25, 2022." Findings: The Application was reviewed pursuant §7.16.120 Alternative Equivalent Compliance, and the Application is complete with sufficient information to allow PZC to determine that it complies with the relevant Review Criteria; 2. The alternative building materials achieve the intent of the design standards to the same or better degree than the subject standards because: a) Asphalt shingles are high quality, durable materials that compliment lower metal roofing, while providing architectural detailing at higher reaches of the building, and b) The proposed cementitious siding does not include asbestos and meets the LRV standards in the PUD Guide; 3. The Alternative Equivalent Compliance achieves the goals and policies of the Avon Comprehensive Plan, including but not limited to Goal C.1 and Policy C.1.3; and 4. The Application results in benefits to the community that are equivalent to compliance with the Supplemental Hotel Design Standards. Thank you, Matt ATTACHMENT: Application Narrative and Exhibits, dated January 19, 2022 LINK: Villaae (at Avon) Master Plan and PUD Guide 970-748-4413 mpielsticker@avon.org Page 5 of 5 CIO) WORTHGROUF.P Alternate Equivalent Compliance DATE: January 19, 2022 RE: New Hotel Development at The Village at Avon The New Hotel Development at The Village at Avon Design Team is applying for an alternate equivalent compliance for one of the roofing materials and one of the exterior wall materials listed below that deviate from the PUD Guidelines. The remainder of building materials are in compliance with the Guidelines. ROOFING MATERIAL: The design team would like to use a dark colored asphalt shingle product on the main upper roof of the new hotel building, indicated in the image below — Although not specifically listed as an acceptable roof material in the PUD guide, we believe this is an appropriate material for the project and achieves the goals of the development standard. The alternative roof material that is acceptable to the PUD guide would be a synthetic shake material. We have heard through town officials that there have been issues with synthetic shake installations in and around the county and want to ensure we do not take risks due to the geographical climate. Taking into consideration the scale of this building, the design team also believes a synthetic shake is not practical and that the aesthetic difference between a synthetic shake roof and an asphalt roof will be imperceivable from both the human scale and from developments higher on surrounding hills. Synthetic Shake Roofing Representative Imagery -in i 7535 E Hampden Ave, Suite 302 Denver, Colorado 80231 303.649.1095 Phone Page 1 of 4 www.worthgroui).com CIAO) WORTHGROUP Alternate Equivalent Compliance Proposed Asphalt Shingle Roofing Representative Imagery ,Y 5, A"- From z From a product assessment standpoint, an asphalt shingle roof is a durable and long-lasting roof material that has a history of exceptional performance in this climate. The asphalt shingle roof products in consideration are provided with manufacturer's warranties of up to 40 years and wind ratings up to 130 mph, meeting or exceeding that of other materials acceptable to the PUD. These products are of a higher quality product over a standard 3 -tab residential asphalt shingle and we believe they are appropriate for the overall scale and design character of the building. We believe this product achieves the intent of the development standards from functional, aesthetic, and durability / maintenance perspectives. Acceptable use of this proposed alternate material will allow for enhanced roof and wall materials to be utilized at areas more visible and closer to the guest / pedestrian experience, providing added benefit to the Community. The proposed design ensures an enhanced appearance of the building at entry points and lower main building elements, meeting the intent of the PUD and DRB guidelines. All lower roofs are proposed to be a dark color standing seam metal roof providing an elevated experience at the human scale. From our research into other similar properties in and around Avon, we find that this is a widely used product for buildings of this scale and type. We do not see that acceptance of this request will negatively impact adjacent properties and we ask for the Commission's consideration of this request. Additional product specific information is provided in the attached Exhibit A. EXTEROR WALL SIDING MATERIAL: The PUD guidelines prohibit the use of Asbestos Cement Siding as an exterior wall material. The design team recognizes this and proposes the use of a Fiber Cement horizontal siding product in select areas of the building as noted in the image below. Page 2 of 4 IL16-0) WORTHGROUP Alternate Equivalent Compliance While both products have a cementitious base, there are considerable differences between the materials, and we believe that Fiber Cement provides an upgraded and enhanced design character over other acceptable materials. While commonly used for some time, Asbestos Cement siding is no longer legal for use and has inherent health hazards and aesthetic and durability concerns. Asbestos Cement Siding Representative Imagery -7 — _ ...ir ■o■ Fiber Cement siding, on the other hand, is a widely used and accepted product and we believe is acceptable for this building type. The selected lap siding product by James Hardie is noncombustible and resists damage from ice, snow, and freezing temperatures. This product maintains dimensional stability under harsh weather conditions and holds a 30 -year warranty. The product will be installed over the building's exterior insulated concrete formwork walls, providing additional dimensional stability of the product. In addition, the baked -on factory finish provides greater durability and less maintenance over a traditional painted siding product and offers a 15 -year finish warranty. Proposed Fiber Cement Siding Representative Imagery (installed and close-up) The building design integrates stone, stucco, board and batten type paneling, as well as the horizontal siding product discussed here; this product makes up approximately 25% of the exterior facade. The DRB has accepted that this horizontal siding product is being used as an accent and architectural feature, in compliance with the DRB Guidelines. Manufacturer's design and warranty information on the proposed product is included as Exhibit B. The design team intends to integrate trim at the perimeter of siding areas and also at window openings to provide for cleaner transitions between materials and to provide an enhanced overall design character. Please see the attached Exhibt C for representative details and imagery. Page 3 of 4 WORTHGROuP Alternate Equivalent Compliance We see that the use of fiber cement siding in this application provides an enhanced exterior aesthetic for the building when compared to other acceptable materials. The use of fiber cement products represents a cost increase over other exterior products in strict compliance with the PUD guideline, however the Owner supports its use to provide an upgraded hotel product for guests and an enhanced building product for the Town of Avon. We believe this product provides numerous other benefits to the Owner and the Community. The manmade nature of the product provides enhanced durability that will help the Ownership team control long term maintenance, and the material's noncombustible construction provides added safety in reducing the risk of property fire, all while creating some additional exterior design intrigue. The proposed fiber cement siding is also an upgrade to the standard limited service Marriott brand standards for this hotel, and our team feels strongly that this elevated exterior finish is important to add design character specific to Avon. For these reasons the design team believes the acceptance of this fiber cement siding product is a benefit to the project and surrounding developments. Similar to our roofing material request, from our research into other similar properties in and around Avon, we find that this is a widely used product for buildings of this scale and type. We do not see that acceptance of this request will negatively impact adjacent properties and we ask for the Commission's consideration of this request. Page 4 of 4 Exhibit A TruDefinition DURATION to` . ® Shingles with Patented Sure/Vail' Technology n ■nf' "'-w3i �� � - �. �-_..r _ '-����__ roc- ��. '�� • �;�'^; ■77, v o TOTAL ..• • ROOFINGISYSTEM �® 4 TOTAL PROTECTION. TOTAL CONFIDENCE: ® ® D ® BREATHE. V, HOME SWEET HOME Your home is your sanctuary. It's the place where you want to feel the most comfortable. Safe. Protected. But no matter how much you love your house, it seems the work is never completely done. And if purchasing a new roof is on your to-do list, it may seem like a daunting task — especially if your roof is already damaged or leaking. Since a roof plays such an important role in protecting you and your family from the elements, you realize that you can't let the damage get out of hand. Don't worry, we know that a roof replacement project is a big, important decision. You can feel confident about choosing our roofing products — Owens Corning has been a recognized leader in the building industry for over 75 years. In fact, we're America's most trusted roofing brand..** Not only can we help you choose the right shingle and roofing system components, we can also help you select the right contractor for the job — an Owens Corning Roofing Preferred Contractor. Exhibit A Together, we can make this a positive experience — an opportunity, really. This is your chance to choose a roof that not only has outstanding performance, but also has exceptional beauty. So for years to come, you'll feel great every time you pull in the driveway. Protected. Proud. Home. Exhibit A TruDefinitionR' DURATION®R S it I n g I eS with Patented SureNail ' Technology Bold contrast. Deep dimension. TruDefinition". TruDefinition Duration Shingles are specially formulated to provide great contrast and dimension to any roof. Through the use of multiple granule colors and shadowing, TruDefinition Duration Shingles offer a truly unique and dramatic effect. This exclusive combination of color and depth is what makes TruDefinition Duration Shingles like no other. TruDefinition Duration Shingles are available in popular colors with bold, lively contrast and complementing shadow lines for greater dimension They feature a Limited Lifetime Warranty*"** (for as long as you own your home) and 130 -MPH Wind Resistance Limited Warranty.* TruDefinition Duration Shingles are produced with StreakGuard- Protection' to inhibit the growth of airborne blue- green algae*. Owens Corning provides a 10 -year Algae Resistance Limited Warranty.* Beyond the outstanding curb appeal and impressive warranty coverage, they also come with the advanced performance of patented SureNail® Technology. The SureNail® Difference - -� A technological breakthrough in SureNail' Technology roofing. The innovative features of Owens Corning® TruDefinition Duration° Shingles with patented SureNail® Technology offer the following: Breakthrough Design. Featuring a tough, woven engineered reinforcing fabric to deliver consistent fastening during installation. Triple Layer Protection' A unique "triple layer" of reinforcement occurs when the fabric overlays the common bond of the shingle laminate layers that offers excellent fastener holding power. Outstanding Grip. Our enhanced Tru -Bond®' sealant grips tightly to the engineered fabric nailing strip on the shingle below. Excellent Adhesive Power. Specially formulated, wide adhesive bands help keep shingle layers laminated together. Exceptional Wind Resistance. Engineered to deliver 130-M PH* wind warranty performance with only 4 nails. Fewer nails required can mean fewer deck penetrations. Nailing Zone �V TruDefinition'a Duration' Shingle Colors — Colors Available in All Service Areas — See Map Below Exhibit A Brownwood"§ Chateau Green"§ Desert Tan"' Onyx Black"§ Quarry Gray" Sierra Gray"' Exhibit A Harbor Blue"§ Additional Colors Available by Service Area — See Map Below ,....,.... _—.. _ v 6iiii . . . . . . . . . . . . . . . . ---- Amber' Terra Cotta' Not available in Service Area 12. Not available in Service Area 12. COLOR AVAILABILITY MAP Exhibit A § Available with StreakGuard'" Algae Resistance in Service Area 12 (see map). Exhibit A ENERGY STAR IS FOR ROOFS TOO InSimilar to the energy-efficient appliances in your home, roofing products can help provide energy-saving qualities. Owens Corning® ENERGY STAR* qualified shingles can help reduce your heating and cooling bills when installed properly. These shingles reflect solar energy, helping to decrease the amount of heat transferred to a home's interior — and the amount of air conditioning needed to keep it comfortable. Actual savings will vary based on geographic location and individual building characteristics. Call 1 -800 -GET -PINK® or 1 -888 -STAR -YES for more information. Product Attributes Warranty Length* Limited Lifetime* (for as long as you own your home) Wind Resistance Limited Warranty* 130 MPH Algae Resistance Limited Warranty* 10 Years TRU PROtection Non -Prorated Limited Warranty* Period 10 Years TruDefinition Duration' Shingles Product Specifications Size 131/4" x 39%" Application Exposure 55/8" Shingles per Bundle Not less than 20 Average Shingle Count per 3 Bundles 64 Average Coverage per 3 Bundles 98.4 sq. ft. Applicable Standards and Codes ASTM D228 ASTM D3018 (Type 1) ASTM D3161 (Class F Wind Resistance) ASTM D3462 ASTM D7158 (Class H Wind Resistance) ASTM E108/UL 790 (Class A Fire Resistance) CSA A123.5" ICC -ES AC438# PRI ER 1378E01 Shasta White color meets ENERGY STAR® requirements for initial solar reflectance of 0.25 and 3 -year aged solar reflectance of 0.15; 2013 California Building Energy Efficiency Standards, Title 24, Part 6 requirements; rated by the Cool Roof Rating Council (CRRC). See actual warranty for complete details, limitations and requirements. 2018 Roofing Brand Awareness Survey by Owens Corning Roofing and Asphalt, LLC. t Actual colors and granule blends may vary from the photo. We suggest that you view actual product on the roof to get a better idea of the finish color. Color availability subject to change without notice. Ask your professional roofing contractor for samples of colors available in your area. + The amount of Triple Layer Protection may vary on a shingle -to -shingle basis. ++ Only on product sold in Canada. # Tru -Bond` is a proprietary premium weathering -grade asphalt sealant that is blended by Owens Corning. *t 40 -Year Limited Warranty on commercial projects. # International Code Council Evaluation Services Acceptance Criteria for Alternative Asphalt Shingles. 1 StreakGuard- Algae Resistance Technology is not available in the Denver service area. Owens Corning Roofing Platinum and Preferred Contractors are independent contractors and are not affiliates of Owens Corning Roofing and Asphalt, LLC, or its affiliated companies. SureNail® Technology is not a guarantee of performance in all weather conditions. SureNail® Technology is available only on Owens Corning' Duration` Series Shingles. For patent information, please visit www.owenscorning.com/patents. ENERGY STAR and the ENERGY STAR mark are registered trademarks of the U.S. Environmental Protection Agency. A Excludes non -Owens Corning' roofing products such as flashing, fasteners, pipe boots and wood decking. Shingles are algae resistant to help control the growth of algae and discoloration. Exhibit A Total Protection Roofing System"" v o TOTAL u�• • ROOFING ISYSTEM ­;� 1 TOTAL PROTECTION SIMPLIFIED TM Owens Corning® Total Protection Roofing System®A integrates engineered Owens Corning® components that work together to address these three primary performance areas, critical to a high-performance roof, while also making it easy to understand the importance of each. With Owens Corning, it's easy to confidently deliver total protection, beauty, and peace of mind. SEAL. HELPS CREATE A WATER -PROOF BARRIER SELF -ADHERED ICE & WATER BARRIER SYNTHETIC UNDERLAYMENT HELPS PROTECT AGAINST NATURE'S ELEMENTS STARTER SHINGLES LAMINATE SHINGLES HIP & RIDGE SHINGLES BREATHE. I FOR BALANCED ATTIC VENTILATION INTAKE VENTS EXHAUST VENTS = • M: ADD COMFORT AND ENERGY PERFORMANCE PINK FIBERGLAS BLOWN -IN ATTIC INSULATION OWENS CORNING ROOFING AND ASPHALT, LLC ONE OWENS CORNING PARKWAY TOLEDO, OHIO 43659 USA ® 1 -800 -GET -PINK* 11-800-438-7465 www.owenscorning.com/roofing Pub. No. 10014053-K. Printed in U.S.A. October 2021. THE PINK PANTHER -&©1964-2021 Metro -Goldwyn -Mayer Studios Inc. All Rights Reserved.The color PINK is a registered trademark of Owens Corning. © 2021 Owens Corning. All Rights Reserved. (Denver, Portland) 0 it A'S c 5. rM 4* Iw .ffn4' i'7 F I % James ndiuie, Complete Exterior T M HardiePlank' Sleek and strong, HardiePlank° lap siding is not just our best-selling product — it's the most popular brand of siding in America. With a full spectrum of colors and textures, homeowners can enjoy protection from the elements and the versatility to make their dream home a reality. From Victorians to Colonials, HardiePlank lap siding sets the standard in exterior cladding. HardieTrim® Boards Arctic White HardiePlank® Lap Siding Select Cedarmill® Khaki Brown Nftmw000 A classic look for THE HOME OF THEIR DREAMS. Hardi Plan " Thickness 5/16 in Length 12 ft planks SELECT CEDARMILL® SMOOTH Exhibit B BEADED CEDARMILL® BEADED SMOOTH *9.25 in and 12 in widths do not feature the drip edge RUSTIC CEDAR BEADED CEDARMILL® & BEADED SMOOTH SELECT CEDARMILL® & SMOOTH 8.25 in STATEMENT Exposure Width 5.25 in 6.25 in 7.25 in 8.25 in 9.25 in* 12 in* Exposure 4 in 5 in 6 in 7 in 8 in 10.75 in Prime Pcs/Pallet 360 308 252 230 190 152 ColorPlus Pcs/Pallet — 280 252 210 — — Pcs/Sq 25.0 20.0 16.7 14.3 12.5 9.3 PRIME SELECT CEDARMILL® VI/ V/ Width 5.25 in 6.25 in 7.25 in 8.25 in 9.25 in* 12 in* STATEMENT COLLECTION" DREAM COLLECTION" PRIME ✓ V/ V V/ BEADED CEDARMILL® BEADED SMOOTH *9.25 in and 12 in widths do not feature the drip edge RUSTIC CEDAR BEADED CEDARMILL® & BEADED SMOOTH SMOOTH 8.25 in STATEMENT Exposure Width 5.25 in 6.25 in 7.25 in 8.25 in 9.25 in* 12 in* STATEMENT Prime Pcs/Pallet COLLECTION'" Pcs/Pallet 210 COLLECTION" PRIME Pcs/Sq 14.3 — DREAM ✓ V Pcs/Sq COLLECTION" 14.3 PRIME ✓ VI/ V/ BEADED CEDARMILL® BEADED SMOOTH *9.25 in and 12 in widths do not feature the drip edge RUSTIC CEDAR BEADED CEDARMILL® & BEADED SMOOTH Width 8.25 in STATEMENT Exposure 7 in COLLECTION'" Pcs/Pallet 240 DREAM COLLECTION" Prime Pcs/Pallet COLLECTION'" Pcs/Pallet 210 PRIME Pcs/Sq 14.3 — RUSTIC CEDAR Width 6.25 in 8.25 in STATEMENT Exposure 5 in 7 in COLLECTION" Prime Pcs/Pallet 308 240 DREAM COLLECTION" ColorPlus Pcs/Pallet — — PRIME Pcs/Sq 20 14.3 13 30 years EXPRESS LIMITED PRODUCT WARRANTY Exhibit B Hardie@ IZ7-5. siding Includes HardiePlank° HZ50 Lap Siding, HardiePanel® HZ5®Vertical Siding, HardieShingle° HZ50Siding and HardieSoffit® HZ5® Panels Effective April 2021 1. LIMITED WARRANTY. James Hardie Building Products Inc. ("Hardie") warrants, for a period of thirty (30) years (the "Limited Warranty Period") from the date of purchase of Hardie Fiber -Cement HARDIEPLANKO HZ58, HARDIEPANELO HZ50, HARDIESHINGLEO HZ51D and HARDIESOFFIT® HZ5® Products (each, the "Product") for installation within the U.S. (except Alaska), Puerto Rico and Canada (except Yukon Territory, Northwest Territories, and Nunavut) that such purchased Product, when manufactured complies with ASTM C1186, will resist damage caused by hail or termite attacks, and is free from manufacturing defects in material and workmanship. This Limited Warranty extends only to (i) the first retail purchaser of the Product; (ii) the first owner of the structure to which the Product is applied and (iii) the first transferee (each a "Covered Person"). 2. WHAT WE WILL DO. If, during the Limited Warranty Period, the Product is defective in material or workmanship, Hardie will, in its sole discretion, either refund or replace the defective portion of the Product, or, during the first (1st) through the thirtieth (30th) year, reimburse the Covered Person for up to twice the original retail cost of the defective portion of the Product. After the 30th year, this Limited Warranty will expire and shall no longer be applicable. If the original retail cost cannot be established by the Covered Person to Hardie's reasonable satisfaction, the cost shall be determined by Hardie in its sole and reasonable discretion. Hardie's replacement of the defective portion of the Product or reimbursement pursuant to Section 2 of this Limited Warranty is the exclusive remedy for the Covered Person for any defect in materials or workmanship. HARDIE WILL NOT REFUND OR PAY ANY COSTS IN CONNECTION WITH LABOR OR ACCESSORY MATERIALS. 3. WHAT YOU MUST DO/CONDITIONS OF LIMITED WARRANTY. Warranty coverage under this Limited Warranty shall be subject to the following terms and conditions: (A) A Covered Person must provide written notice to Hardie within thirty (30) days after discovery of any claimed defect covered by this Limited Warranty and before beginning any permanent repair. The notice must describe the location and details of the claimed defect and any additional information necessary for Hardie to investigate the claim. Photos of the Product, showing the claimed defect must accompany the notice. A claimant under this Limited Warranty must provide proof to Hardie that such claimant is a Covered Person as defined in Section 1 above. (B) The Product must be installed according to Hardie's printed installation requirements and must comply with all building codes adopted by federal, state or local governments or government agencies applicable to the installation. (C) Upon discovery of a claimed defect, a Covered Person must immediately, and at a Covered Person's own expense, provide for protection of all property that could be affected until the claimed defect is remedied if applicable. Before any permanent repair to the Product, a Covered Person must allow Hardie or Hardie's authorized agent to enter the property and structure where the Product is installed, if applicable, and examine, photograph and take samples of the Product. Any repairs initiated by or on behalf of a Covered person without prior authorization from Hardie may void the warranty. 4. WHAT IS NOT COVERED. This Limited Warranty does not cover damage or defects resulting from or in any way attributable to: (a) The improper storage, shipping, handling or installation of the Product, including, without limitation, failure of the Product to be installed in strict compliance with the Conditions of Limited Warranty set forth in Section 3 of this Limited Warranty and/or improper installation of studs or other accessories); (b) Further processing, HZ50 30 -Year Limited Product Warranty continued... modification or alteration of the Product after shipping from Hardie; (c) Neglect, abuse, or misuse; (d) Repair or alteration; (e) Settlement or structural movement and/or movement of materials to which the Product is attached; (f) Damage from incorrect design of the structure; (g) Damage resulting from water infiltration; (h) Exceeding the maximum designed wind loads; (i) Acts of God including, but not limited to, tornados, hurricanes, floods, earthquakes, severe weather or other natural phenomena, (including, but not limited to, unusual climate conditions); 0) Efflorescence, peeling or performance of any third party paints, stains and/ or coatings; (k) Growth of mold, mildew, fungi, bacteria, or any organism on any surface of the Product (whether on the exposed or unexposed surfaces); (1) Lack of proper maintenance; and/or (m) Any cause other than material or manufacturing defects attributable to Hardie. 5. NO WAIVER. Hardie may, in its sole discretion, extend benefits beyond what is covered under this Limited Warranty. Any such extension shall apply only to the specific instance in which it is granted, and shall not constitute a waiver of Hardie's right to strictly enforce the exclusions, disclaimers, and limitations set forth herein for any or all other circumstances. 6. LIMITATION OF LIABILITY. IN NO EVENT SHALL HARDIE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY CLAIMS OF PROPERTY DAMAGE, BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, OR ANY OTHER LEGALTHEORY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. 7. LIMITATION OF WARRANTY. THE ABOVE LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY FOR THE PRODUCT. HARDIE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING Exhibit B ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR OTHERWISE. In the event that applicable consumer law prohibits the disclaimer of an implied warranty, the above Limited Warranty shall not extend the time period of any such implied warranty. Some states do not allow limitations for consumers on how long an implied warranty lasts, so the above limitation may not apply to you. This Limited Warranty gives you specific legal rights, and you may have additional rights, which vary from state to state. 8. ENTIRE AGREEMENT. This Limited Warranty contains and represents the only warranty extended by Hardie for the Product. No employee or agent of Hardie or any other party is authorized to make any other warranty in addition to those made in this Limited Warranty. 9. MODIFICATION OR DISCONTINUATION OF PRODUCTS. Hardie reserves the right to discontinue or modify the Product at any time without notice. In the event that replacement of the Product pursuant to this Limited Warranty is not possible, Hardie will fulfill any refund or replacement obligation under this Limited Warranty with a Hardie Product of equal or greater value. 10. HOW TO OBTAIN LIMITED WARRANTY SERVICE. (a) Call 866-375-8603; or (b) Write Warranty Department, James Hardie Building Products, Inc., 10901 Elm Avenue, Fontana, California 92337; or (c) Visit: http://claims.jameshardie.com ............................................................................................... COMPLETE AND SAVE FOR YOUR OWN RECORDS Name of Owner Installation Address Name of Installing Contractor Date Installed Contractor Phone Number 15 years EXPRESS LIMITED PRODUCT WARRANTY ColorPlus�Technology Effective April 2021 1. LIMITED WARRANTY COVERAGE - FINISH: James Hardie Building Products Inc. ("Hardie") warrants for installation within the U.S. (except Alaska), Puerto Rico and Canada (except Yukon Territory, Northwest Territories, and Nunavut) to the purchaser and all transferees prior to and including the first owner of the structure to which the Product is applied and the first transferee of such structure (each a "covered person") that the finish on Hardie Product with ColorPlus° Technology (the " Finish") will be free from manufacturing defects. When used for its intended purpose, properly installed and maintained according to Hardie's published instructions, Hardie warrants that the Finish, for a period of 15 years from the date of purchase: (a) will not peel (b) will not crack, and (c) will not chip. Hardie, in its sole liability and in lieu of any direct, indirect or consequential damages will, during the first year, reimburse the covered person for reasonable fees for paint and labor (an amount not to exceed $1.00 per square foot) for repair of the damaged portion of the finish. During the 2nd through 15th year, the warranty payment shall be reduced by 6.67% such that after the 15th year no warranty shall be applicable. Hardie's replacement of the defective Product or granting of a refund pursuant to Section 1 of this Warranty SHALL BE THE SOLE EXCLUSIVE REMEDY available to the covered person with respect to any defect. 2. WHAT YOU MUST DO/ CONDITIONS OF WARRANTY: Hardie's liability hereunder to the covered person shall be subject to the following terms and conditions: A. The claimant must provide proof that he/she is a covered person. B. The Product must be stored according to the manufacturer's instructions at all times between purchase and installation. Installing wet Product may result in staining or shrinkage, neither of which is covered under the terms of this warranty. C. The Product must be installed according to Hardie's printed installation instructions and all building codes adopted by federal, state or local governments or government agencies and applicable to the installation. Failure to install and finish the Product per the manufacturer's Exhibit B published instructions may affect Product performance and affect remedies available under this warranty. D. The covered person must provide written notice to Hardie within 30 days after discovery of any claimed defect or failure covered by this Warranty and before beginning any permanent repair. The notice must describe the location and details of the defect and such information as is necessary for Hardie to investigate the claim. Photos of the Product, showing the defect or failure, must accompany the notice. Product samples may be required by the Hardie Claims Department. E. Upon discovery of a possible defect or failure, the covered person must immediately, and at the covered person's own expense, provide for protection of all property that could be affected until the defect or failure is remedied. Before any permanent repair to the Product, the covered person must allow Hardie or Hardie's agent to enter the property and structure where the Product is installed, and examine, photograph and take samples of the Product. 3. EXCLUSIONS: This Warranty does not cover damage or defects resulting from, or in any way attributable to: (a) the improper storage, shipping, handling or installation of the Product (including, without limitation, failure of the Product to be installed in strict compliance with the terms and conditions set forth in Section 2 (c) of this warranty) (b) neglect; (c) abuse; (d) misuse; (e) repair or alteration; (f ) settlement or structural movement and/or movement of materials to which the Product is attached; (g ) damage from incorrect design or construction of the structure; (h) exceeding the maximum designed wind loads; (i) acts of God including, but not limited to, hurricanes, tornados, floods, earthquakes, severe weather or other natural phenomena, (including, but not limited to, unusual climate conditions); 0) efflorescence or performance of any paints and/or coatings which are not Hardie; (k) growth of mold, mildew, fungi, bacteria, or any organism on any surface of the siding (whether on the exposed or unexposed surfaces) and in this respect, ANY CLAIMS OF DAMAGE CAUSED BY MOLD 15 -Year Limited Finish Warranty continued... OR MILDEW ARE EXPRESSLY EXCLUDED; (1) lack of proper maintenance; and (m) any cause other than manufacturing defects attributable to Hardie. This Warranty does not cover fading or chalking of the Finish due to normal weathering. Normal weathering is defined as exposure to sunlight and extremes of weather and atmosphere, which will cause any painted surface to gradually fade, chalk or accumulate dirt over time. This Warranty will cover the Finish against excess color change beyond normal weathering. Excess color change is defined as a change in color of the Finish by greater than four (4) delta E units within the first three (3) years of install of the Hardie Product(s) with ColorPlus° Technology. Hardie shall have sole discretion to determine whether the Hardie Product(s) with ColorPlus° Technology exhibits excess color change. 4. NO WAIVER: Hardie may, in its sole discretion, extend benefits beyond what is covered under this Limited Warranty. Any such extension shall apply only to the specific instance in which it is granted, and shall not constitute a waiver of Hardie's right to strictly enforce the exclusions, disclaimers, and limitations set forth herein for any or all other circumstances. 5. DISCLAIMER: The statements in this Warranty constitute the only warranty extended by Hardie for the Product. HARDIE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT WHERE PRODUCT PURCHASE IS SUBJECT TO CONSUMER PRODUCT WARRANTY LAW, IN WHICH INSTANCES THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES ARE LIMITED TO THE FIRST ELAPSE OF THE WARRANTY PERIOD PROVIDED ABOVE, OR SUCH SHORTER PERIOD AS APPLICABLE LAW PERMITS OR REQUIRES. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. NO OTHER WARRANTY WILL BE MADE BY OR ON BEHALF OF THE MANUFACTURER OR THE SELLER OR BY OPERATION OF LAW OR BY USAGE OF TRADE OR COURSE OF DEALING WITH RESPECT TO THE PRODUCT OR ITS INSTALLATION, STORAGE, HANDLING, MAINTENANCE, USE, REPLACEMENT OR REPAIR. This Warranty gives COMPLETE AND SAVE FOR YOUR OWN RECORDS Name of Owner Installation Name of Installing Contractor Exhibit B you specific legal rights and you may also have other rights which vary from state to state. 6. EXCLUSION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL HARDIE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM NONDELIVERY OF THE PRODUCT, FROM THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. 7. MODIFICATIONS AND ALTERATIONS OF PRODUCT: Hardie shall have no responsibility hereunder for defective Product subjected to further processing or alteration after shipment. 8. SETTLEMENT OF CLAIM: Any refund or material replacement by Hardie pursuant to Section 1 hereof shall constitute a full settlement and release of all claims of any covered person hereunder for damages or other relief, and shall be a complete bar to any litigation filed subsequently to the covered person's acceptance of such an agreement. 9. MODIFICATION OR DISCONTINUATION OF PRODUCTS: Hardie reserves the right to discontinue or modify the Product at any time without notice. In the event that replacement of the Product pursuant to this Limited Warranty is not possible, Hardie will fulfill any refund or replacement obligation under this Limited Warranty with a Hardie Product of equal or greater value. Date Installed Contractor Phone Number G8:) ENLARGED RENDERING A-116 SCALE: 1Y'=1'-0' 7 OVERALL RENDERING A-810 SCALE: 12"=1'-0" I I B 1 4 ml— ,SA;F­FIREFER TO PLAINS FIBER CEMENT I -AP SIDING - - -- - GAP, CAULK JOINTFIBER CEMENT TRIM BOARD 6 TYPICAL FIBER CEMENT CORNER DETAIL A4H0 SCALE: 11YY'=1'-0' PH FIN SHT MTL GUTTER W/ HEAT TRACE REFER TO ELECTRICAL DRAWINGS COLORAS SELECTED BYARCHITECT PRE IN BHT MTL DRIP FLASHING COLORTO MATCH GUTTER 12 ASPHALT SHINGLES ON 4 ICE &WATER SHIELD ROOF n „ .. .... .. U 141'-3114" ------ -- FIBER CEMENT FASCIAAND SOFFIT BOARDS COLOR ASSELECTEDBY ARCHITECT —RIOR RATED SHEATHING FIBER CEMENT TRIM BOARD 7 L WEATHER BARRIER, LAP AROUND SOFFIT AND UNDER ICE & WATER SHIELD FIBER CEMENT WALL PANEL G5G TYPICAL ROOF EAVE DETAIL ALONG SLOPE A-810 SCALE: 11YY'=1'-0' SIB" TYPE 'X GYP BD FIBER CEMENT WALL PANEL ICF RE: STRUCTURAL WEATHERBARRIER, LAP OVER FLASHING ' FIBER CEMENTTRIM BOARD • PREFINISHED METAL PUSHING, CUSTOM COLOR TO MATCH ADJACENT FINISHES STONE SILL ADHERED STONE VENEER SYSTEM 4_� FIBER CEMENT PANEL TO STONE SILL TRANSITION DETAIL A4t10 SCALE: 3"=1'-0' 3 Exhibit C SW'—E' GYP BD RETURN TO WINDOW FRAME ICF RE: STRUCTURAL WEATHERSARRIER, LAP OVER F—HING AND INTO OPENING FIBER CEMENT WALL PANEL STARTER STRIP 1M' GAP, DO NOT CAULK PREFINISHED METAL FLASHING, CUSTOM COLOR TO MATCH ADJACENT FINISHES FIBER CEMENT TRIM BOARD WOOD BLOCKING SEALANT CONT. FLASHING W/ DRIP EDGE, FINISHED TO MATCH WINDOW FRAME, SET IN SEALANT 3 WINDOW HEAD - TYP @ WALL PANEL (ICF) Ad10 SCALE: B"=1'-0" 5 TYPE 'X' GYP BD RETURN TO WINDOW FRAME WIWEAICF THERBARRIE RE: STRUCTURAL WOODBLOCKING SEALANTR, IAPOVERWINDOW FLANGE AND INTO OPENING FIBER CEMENT WALL PANEL SEALANT FIBER CEMENT TRIM BOARD SEALANT AND BACIO=R ROD ALUMINUM WINDOW G2G WINDOW JAMB - TYP @ WALL PANEL (ICF) A-810 SCALE: 3'=1'-0" iMINUM WINDOW WITH INTEGRAL LOWER C SLEEVE, COORDINATE W/ MECHANICAL DANT AND BACKER ROD OD BLOCKING =R CEMENT TRIM BOARD AOR ASSEMBLY PER SECTIONS STRUCTURAL >THER BARRIER LAP OVER W INDOW NGE AND INTO OPENING =R CEMENT WALL PANEL G1G WINDOW SILL - TYP @ WALL PANEL (ICF) Ad10 SCALE: 3"=1'-0" 2 1 1 6(m ) WORTHGROUP 7535 E. HAMPDEN AVE., SUITE 302 DENVER, COLORADO 80231 303-649-1095 FAX 303£49-1098 9400 GATEWAY DRIVE, SUITE B RENO, NEVADA 89521 775-8523977 FAX 775352-6543 5245 PONDEROSA WAY, SUITE 110 LAS VEGAS, NEVADA 89118 702-869-9354 www.worthgroupmm PBOFFsslonu sFAi. O��`O� Gj JM A vrKruncs SPRINGHILL SUITES & TOWNEPLACE SUITES JMA Ventures, LLC Avon, CO IREVISIONS INO.1 DATE I DESCRIPTION TYPICAL FIBER CEMENT DETAILS CONSTRUCTION DOCUMENTS As indicated 20-208 22 NOVEMBER 2021 A-810 AVON PLANNING & ZONING COMMISSION MEETING MINUTES - ✓IRTUAL MEETING ONLY TUESDAY, JANUARY 18, 2022 A Avon COLORADO CALL TO ORDER AND ROLL CALL ACTION: THE VIRTUAL -ONLY MEETING WAS CALLED TO ORDER AT 5:04PM BY CHAIRPERSON BARNES. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS PRESENT WERE TREVOR MACALLISTER, JARED BARNES, SARA LANIOUS, MARTY GOLEMBIEWSKI, STEVE NUSBAUM, AND ANTHONY SEKINGER. ALSO PRESENT WERE TOWN MANAGER ERIC HEIL, AND PLANNING DIRECTOR MATT PIELSTICKER. APPROVAL OF AGENDA ACTION: COMMISSIONER NUSBUAM MOTIONED TO APPROVE THE AGENDA. THE MOTION WAS SECONDED BY COMMISSIONER GOLEMBIEWSKI, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 6-0 VOTE. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS THERE WERE NONE. 4. 3770 EAGLEBEND DRIVE I VARIANCE - PUBLIC HEARING - FRONT AND SIDE YARD SETBACK VARIANCE REQUESTS FOR A HALF -DUPLEX PROPERTY ON EAGLEBEND DRIVE. THE IMPROVEMENTS IN THE FRONT SETBACK INCLUDE CONVERSION OF CARPORT TO FULL SIZE ENCLOSED GARAGE, AND THE SIDE YARD SETBACK VARIANCE REQUEST INCLUDES A ROOF STRUCTURE COVERING PATIO. (PLANNING DIRECTOR MATT PIELSTICKER AND ARCHITECT ERIC JOHNSON). PUBLIC COMMENTS: LESLIE BORK AND BONNIE HARDY MADE PUBLIC COMMENTS. ACTION. COMMISSIONER NUSBAUM MOTIONED TO (PARTIALLY) APPROVE, WITH STAFFS RECOMMENDED FINDINGS AND CONDITIONS. THE MOTION WAS SECONDED BY COMMISSIONER LANIOUS. COMMISSIONER BARNES SUGGESTED MODIFICATIONS TO THE FINDINGS, WITH ADDITIONAL LANGUAGE. THE MOTIONER AND SECOND APPROVED THE CHANGES. THE APPLICATION WAS APPROVED UNANIMOUSLY (6-0 VOTE) AS FOLLOWS: FINDINGS: 1. THE DEVELOPMENT APPLICATION IS REVIEWED PURSUANT TO THE GENERAL REVIEW PROCEDURES SET FORTH IN AVON DEVELOPMENT CODE SECTION 7.16.110, VARIANCE, AND SECTION 7.16.020, GENERAL PROCEDURESAND REQUIREMENTS; 2. THE APPLICATION IS COMPLETE; 3. THE DEVELOPMENT APPLICATION PROVIDES SUFFICIENT INFORMATION TO ALLOW PZC TO DETERMINE THAT THE DEVELOPMENT APPLICATION COMPLIES WITH THE RELEVANT REVIEW CRITERIA; 4. A PUBLIC HEARING WAS CONDUCTED ON JANUARY 18, 2022, MEETING ALL NOTICING REQUIREMENTS; 5. THE DEVELOPMENT APPLICATION COMPLIES WITH THE GOALS AND POLICIES OF THE AVON COMPREHENSIVE PLAN; 6. THE DEMAND FOR PUBLIC SERVICES OR INFRASTRUCTURE EXCEEDING CURRENT CAPACITY IS MITIGATED BY THE DEVELOPMENT APPLICATION; 7. THE GRANTING OF THE FRONT SETBACK VARIANCE WILL NOT CONSTITUTE A GRANT OF SPECIAL PRIVILEGE INCONSISTENT WITH THE LIMITATIONS ON OTHER PROPERTIES CLASSIFIED IN THE SAME DISTRICT; 8. THE GRANTING SIDE YARD SETBACK WOULD BE A GRANT OF SPECIAL PRIVILEGE INCONSISTENT WITH THE LIMITATIONS ON OTHER PROPERTIES CLASSIFIED IN THE SAME DISTRICT. IN ADDITION, NO EXTRAORDINARY CIRCUMSTANCES OR CONDITIONS EXIST ON THE SUBJECT PROPERTY THAT THAT DO NOT APPLY GENERALLY TO OTHER PROPERTIES IN THE SAME DISTRICT; 9. THE GRANTING OF THE FRONT SETBACK VARIANCE WILL NOT BE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY OR WELFARE OR MATERIALLY INJURIOUS TO PROPERTIES OR IMPROVEMENTS IN THE VICINITY; 10. THE FRONT SETBACK VARIANCE IS WARRANTED DUE TO THE PROPERTY CONTAINING THE MOST CONSTRICTED BUILDING ENVELOPE IN THE AREA DUE TO THE 30' METCALF DITCH EASEMENT; AND 11. THE FRONT SETBACK VARIANCE IS WARRANTED BECAUSE OTHER OWNERS IN THE SAME ZONE DISTRICT ENJOY ENCLOSED GARAGE SPACE WITHIN THE FRONT SETBACK AREA, AS PREVIOUSLY APPROVED BY PZC. CONDITIONS: 1. SIDE YARD SETBACK IS NOT APPROVED. 2.THIS VARIANCE APPROVAL EXPIRES IF A BUILDING PERMIT IS NOT OBTAINED FOR THE FRONT GARAGE CONVERSION WITHIN ONE (1) YEAR OF THE APPROVAL. 5. CONSENT AGENDA 5.1. APPROVAL OF MINUTES FROM DECEMBER 21, 2021 PZC MEETING 5.2. RECORD OF DECISION AND FINDINGS OF FACT FOR MJR21008, MCGRADY ACRES MAJOR DEVELOPMENT PLAN 5.3. RECORD OF DECISION AND FINDINGS OF FACT FOR SUB21006, MCGRADY ACRES PRELIMINARY SUBDIVISION 5.4. RECORD OF DECISION AND FINDINGS OF FACT FOR AEC21008 & MNR21039, NORTH PARK RESTROOMS ALTERNATIVE EQUIVALENT COMPLIANCE AND MINOR DEVELOPMENT PLAN 5.5. RECORD OF DECISION AND FINDINGS OF FACT FOR AEC21009 & MJR, EAST HARRY A. NOTTINGHAM PARK IMPROVEMENTS ALTERNATIVE EQUIVALENT COMPLIANCE AND MAJOR DEVELOPMENT PLAN ACTION: COMMISSIONER NUSBAUM MOTIONED TO APPROVE THE CONSENT AGENDA; SECONDED BY COMMISSIONER SEKINGER. THE MOTION PASSED UNANIMOUSLY WITH 6-0 VOTE. 6. STAFF UPDATES 7. ADJOURN ACTION: THE MEETING WAS ADJOURNED AT 6:35 PM. THESE MEETING MINUTES ARE ONLY A SUMMARY OF THE PROCEEDINGS OF THE MEETING. THEY ARE NOT INTENDED TO BE COMPREHENSIVE OR TO INCLUDE EACH STATEMENT, PERSON SPEAKING OR TO PORTRAY WITH COMPLETE ACCURACY. THE MOST ACCURATE RECORDS OF THE MEETING ARE THE AUDIO RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN CLERK'S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST. APPROVED: CHAIRPERSON 2 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF PUBLIC HEARING TYPE OF APPLICATIONS: PROPERTY LOCATION: FILE NUMBER: OWNERIAPPLICANT: January 18, 2022 Variance 3770 Eaglebend Drive, Unit A VAR21001 Jared Schoch This Record of Decision is made in accordance with the Avon Development Code §7.16.080(c): DECISION: Approved Findings: 1. The development application is reviewed pursuant to the general review procedures set forth in Avon Development Code Section 7.16.110, Variance, and Section 7.16.020, General Procedures and Requirements; 2. The application is complete; 3. The development application provides sufficient information to allow PZC to determine that the development application complies with the relevant review criteria; 4. A public hearing was conducted on January 18, 2022, meeting all noticing requirements; 5. The development application complies with the goals and policies of the Avon Comprehensive Plan; 6. The demand for public services or infrastructure exceeding current capacity is mitigated by the development application; 7. The granting of the front setback Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; 8. The granting side yard setback would be a grant of special privilege inconsistent with the limitations on other properties classified in the same district. In addition, no extraordinary circumstances or conditions exist on the subject property that that do not apply generally to other properties in the same district; 9. The granting of the front setback Variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; 10. The front setback Variance is warranted due to the Property containing the most constricted building envelope in the area due to the 30' Metcalf Ditch Easement; and 11. The front setback Variance is warranted because other owners in the same zone district enjoy enclosed garage space within the front setback area, as previously approved by PZC. Conditions: 1. Side yard setback is not approved. 2. This Variance approval expires if a building permit is not obtained for the front garage conversion within one (1) year of the approval. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY: DATE: Chairperson PZC Record of Decision: VAR21001 Page 1 of 1