TC Res. No. 1987-07RESOLUTION NO. 87-7
SERIES'OF 1987
A RESOLUTION GRANTING A SPECIAL REVIEW USE TO ALLOW
OFF-SITE PARKING ON LOT-32, BLOCK 1, BENCHMARK AT BEAVER CREEK,
TO SERVE LOT 33, BLOCK 1, BENCHMARK AT BEAVER CREEK
WHEREAS, Peel/Warren Architects, on behalf of Philip M.
Barshop, owner of Lot 32, Block 1, Benchmark at Beaver Creek, has
requested a Special-Review Use to allow off-Site Parking on Lot 32,.
Block 1, Benchmark at Beaver Creek, to,.serve Lot 33, Block-1,
Benchmark at Beaver Creek, both of which are located in the IC,
(Industrial Commercial) Zone District; and
WHEREAS, the Planning and Zoning Commission has held a
public hearing and has determined that the proposed use:
1. Otherwise complies with all requirements imposed
by the Zoning Code; and
2. Is consistent with the objectives and purposes
of the Zoning Code; and
3. Is deemed compatible with surrounding land uses
and uses`in the area.
WHEREAS, the Planning and Zoning Commission of the Town
has-approved the Special Review Use to:allow Off-Site Parking on
Lot 32, Block 1, Benchmark at'Beaver Creek to serve Lot 33;
Block 1, Benchmark at Beaver Creek, subject.to:
Planning and Zoning Commission review-and approval of
a detailed site, grading and drainage, and landscaping plan for
the proposed off-Site Parking facility.
•
NOW, THEREFORE, BE IT RESOLVED, that the Town Council
of the Town of Avon, Colorado, concurs with the findings and
determinations made by the Planning and Zoning Commission, and
hereby approves the Special Review Use to allow Off-Site Parking
on Lot 32, Block 1, Benchmark at Beaver Creek to serve Lot 33,
Block 1, Benchmark at Beaver Creek, subject to:
Planning and Zoning Commission review and approval of
a detailed site, grading and drainage, and landscaping plan for
the proposed off-Site Parking facility.
ADOPTED AND PASSED, THIS 24th DAY OF February , 1987.
TOWN OF AVON, COLORADO
T
Allan R. No ting , Mayor
ATTEST:
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EAGLE CSY. RECCRGEK
DECLARATION 'OF RESTRICTION
wit. 3~ ~Q o't a~►'~~
PHILIP M.-BARSHOP ("Declarant") is the record and beneficial
owner of Lots 32 and 33 (called herein Lot 32 and Lot 33,
,j respectively, and collectively called herein the "Lots"), Block
1, Final Plat Amendment No. 1, Lot 5, Block 1, Tract A and Tract
B, Benchmark At Beaver Creek, according to the Plat recorded
\ April 27, 1976, in Book 246 at Page 43 of the real-property
records in the Office of the'Clerk and Recorder for the County of
Eagle, State of'Colorado.
Declarant does hereby make, publish and declare that the
following restriction shall be deemed to run with the land, shall
be a burden and a benefit to Declarant, his heirs, personal
representatives, successors and assigns, and any person or entity
acquiring or owning an interest in the Lots and improvements
built thereon, their grantees, successors, heirs, personal
representatives, devisees or assigns, and the Town of Avon by and
through its "Planning Director", as such term is defined in the
Zoning Code of the Town of Avon (the "Zoning Code").
RESTRICTION
So long as the existing structure located on Lot 33 exists,
there shall be deemed to be a "Lot Setback", as such term is
defined in the Zoning Code, of eleven feet from the western side
lot line of Lot 32 such that the area of such lot setback shall
remain unoccupied and unobstructed from the ground level upward.
If any person shall violate or threaten to violate the above
restriction, it shall- be lawful for any owner of the Lots or the
Planning Director to institute proceedings to enforce the
provisions of this Declaration, to restrain the person violating
or threatening to violate them and to recover costs and
® reasonable attorney's fee incurred in s ch proceedings.
EXECUTED this ~-3 day of 1987.
Philip VV VV Barshop
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The forego in Declarat_ ono Restriction was acknowledged
before me this 'Z1 day of 1987, by Philip M.
Barshop.
Witness my hand and official seal.
My commission expires:
otary. Public