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PZC Res. No. 1999-151 J:\Planning & Zoning Commission\Resolutions\1999\Res 99-15 L19 B4 WR Wariance setback.doc TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 99-15 SERIES OF 1999 A RESOLUTION DENYING A GRANT OF VARIANCE FROM THE FRONT YARD SETBACK AS STIPULATED IN TITLE 17 OF THE AVON MUNICIPAL CODE, FOR LOT 19, BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO HEREAS, Glorie Schneider, owner of Lot 19, Block 4, Wildridge Subdivision, has applied for a variance from the "Minimum Front Yard Setback" requirements as stipulated in Title 17, of the Avon Municipal Code, in order to place a structural retaining wall in the front yard setback; and HEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Town of Avon, pursuant to notices required by law, at which time the applicant and the public public were given an opportunity to express their opinions and present certain information and and reports regarding the application for proposed Minimum Front 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 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; 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. W W 2 J:\Planning & Zoning Commission\Resolutions\1999\Res 99-15 L19 B4 WR Wariance setback.doc HEREAS, the Planning & Zoning Commission finds: A. That the granting of the variance will constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; B. That the variance is not warranted for one or more of the following reasons: I. The strict, literal interpretation and enforcement of the specified regulation would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title; II. 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; III. The strict, literal interpretation and enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the same district. OW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby denies a Grant of Variance from the "Minimum Front Yard Setback" requirement of Title 17 of the Avon Municipal Code for the placement of a structural bolder retaining wall in the front yard setback for Lot 19, Block 4, Wildridge Subdivision, Town of Avon, Eagle County Colorado. ADOPTED THIS 20th DAY OF JULY, 1999 Signed: _____________________________________ Date: ___________________ Anne Fehlner, Vice Chair Attest: _____________________________________ Date: ___________________ Greg Macik, Secretary W N