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TC Res. No. 1988-270 i TOWN OF AVON RESOLUTION NO. 88 - 27 A RESOLUTION APPROVING A SPECIAL REVIEW USE TO ALLOW THE TRANSFER OF ONE RESIDENTIAL DEVELOPMENT RIGHT FROM LOT 64, BLOCK 4, WILDRIDGE SUBDIVISION TO LOT 23, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, AND TO ALLOW A RESIDENTIAL USE IN CONNECTION WITH A BUSINESS AS PERMITTED AS A SPECIAL REVIEW USE IN THE IC (INDUSTRIAL COMMERCIAL) ZONE DISTRICT WHEREAS, Henry V. and Ester Wolff, owners of the Wolff Warehouse, located on Lot 23, Block 1, Benchmark at Beaver Creek Subdivision, which is located in the IC Zone District, have requested a Special Review Use to allow the transfer of one residential development right onto Lot 23, Block 1, Benchmark at Beaver Creek Subdivision and a residential use in connection with a business; and WHEREAS, transfer of a residential development right and a residential use in connection with a business are allowed in the IC Zone District as a Special Review Use; 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; and WHEREAS, the Planning and Zoning Commission of the Town of Avon has approved the Special Review Use to allow the transfer of one (1) residential development right from Lot 64, Block 4, Wildridge Subdivision to Lot 23, Block 1, Benchmark at Beaver Creek Subdivision, and to allow a residential use in connection with a business as permitted as a Special Review Use in the IC (Industrial Commercial) Zone District, subject to: 0 0 1. Residential use is restricted to employees of the tenant businesses of the Wolff Warehouse, Lot 23, Block 1, Benchmark at Beaver Creek Subdivision. 2. Residential use comply with all current technical codes adopted by the Town of Avon. 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 to allow the transfer of one residential development right from Lot 64, Block 4, Wildridge Subdivision to Lot 23, Block 1, Benchmark at Beaver Creek Sub- division and a residential use in connection with a business as permitted as a Special Review Use in the IC (Industrial Commercial) Zone District, subject to the following conditions: 1. Residential use is restricted to employees of the tenant businesses of the Wolf Warehouse, Lot 23, Block 1, Benchmark at Beaver Creek Subdivision. 2. Residential use shall comply with all current technical codes adopted by the Town of Avon. ADOPTED AND PASSED, this 13th day of December , 1988. TOWN OF AVON, COLORADO All An R.\,. am, Mayor ATTEST: 0 M E M O TO: FROM: DATE: Norm, Wood Lynn Fritzlen November 17, 1988 At the regularly scheduled meeting of the Planning and Zoning Commission on November 15, 1988, Resolution 88-10 was approved. Resolution 88-10 reads as follows: RESOLUTION RECOMMENDING TO THE AVON TOWN COUNCIL APPROVAL OF A SPECIAL REVIEW USE MALLOW THE TRANSFER OF ONE RESIDENTIAL DEVELOPMENT RIGHT FROM LOT 64, BLOCK 4, WILDRIDGE SUBDIVISION TO -LOT 23,, BLOCK 1, BENCHMARK AT-BEAVER CREEK SUBDIVISION, AND TO ALLOW A RESIDENTIAL USE IN CONNECTION WITH A BUSINESS AS PERMITTED AS A SPECIAL REVIEW USE IN THE IC (INDUSTRIAL COMMERCIAL) ZONE DISTRICT I have prepared a Resolution for approval by the Town Council in accordance with the Planning and Zoning Commission recommendations. RECOMMENDED ACTION: Approve Resolution 88-27 0 0 TOWN OF AVON PLANNING AND ZONING COMMISSION RESOLUTION NO. 88 - 10 SERIES OF 1988 RESOLUTION RECOMMENDING TO THE AVON TOTN COUNCIL APPROVAL OF A SPECIAL REVIEW USE TO ALLOW THE TRANSFER OF ONE RESIDENTIAL DEVELOPMENT RIGHT FROM LOT 64, BLOCK 4, WILDRIDGE SUBDIVISION TO LOT 23, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, AND TO ALLOW A RESIDENTIAL USE IN CONNECTION WITH A BUSINESS AS PERMITTED AS A SPECIAL REVIEW USE IN THE IC (INDUSTRIAL COMMERCIAL) ZONE DISTRICT WHEREAS, Henry V. and Ester Wolff, owners of the Wolff Warehouse, located on Lot 23, Block 1, Benchmark at Beaver Creek Subdivision, which is located in the IC Zone District, have requested a Special Review Use to allow the transfer of one residential development right onto Lot 23, Block 1, Benchmark at Beaver Creek Subdivision and a residential use in connection with a business; and WHEREAS, transfer of a residential development right and a residential use in connection with a business are allowed in the IC Zone District as a Special Review Use; and WHEREAS, a public hearing has been held by the Planning and Zoning Commission of the Town of Avon, pursuant to notices required by law, at which the applicant and the public were given an opportunity to express their opinions and present certain , information and reports regarding the proposed Special Review Use; and WHEREAS, the Planning and Zoning Commission has determined that the proposed uses: 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 0 0. 3. Is deemed compatible with surrounding land uses and uses in the area. NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the Town of Avon, Colorado, that: The Planning and Zoning Commission hereby approves and recommends to the Avon Town Council of the Town of Avon, Colorado, approval of,the Special Review Use to allow for the transfer of one residential development right from Lot 64, Block 4, Wildridge Subdivision to Lot 23, Block 1, Benchmark at Beaver Creek Sub- Division and a residential use in connection with a business as permitted as a Special Review Use in the IC (Industrial Commercial) Zone District, subject to: 1. Residential use is restricted to employees of the tenant businesses of the Wolff Warehouse, Lot 23, Block 1, Benchmark at Beaver Creek Subdivision. 2. Residential use comply with all current technical codes adopted by the Town of Avon. APPROVED THIS ( DAY OF ; i " '(WI 1988 . Denise Hill, Secretary Patricia Cuny, Chai man STAFF REPORT TO THE PLANNING AND ZONING COMMISSION November 15, 1988 Lot 23, Block 1, Benchmark at Beaver Creek Section 36, Inc. and Henry and Ester Wolff Special Review Use for Transfer of One Residential Development Right and a Residential Use In the IC Zone District INTRODUCTION Linda Rogers, on behalf of Section 36,: Inc. and Henry and Ester Wolff is requesting a Specia-1 Review Use for transfer, from Lot 64, Block 4, Wildridge Subdivision, of one residential development right and a residential use in connection with a business on Lot 23, Block 1, Benchmark at Beaver Creek, commonly known as the Wolff Warehouse. Section 36, Inc. is the owner of residential development right and the Wolffs are owners of Lot 23. Transfer of residential development rights in other than a SPA and a residential use in connection with a business district are both Special Review Uses. Residential uses not in connection with a business are not allowed in an IC Zone District. Residential use in connection with a business would typically be restricted to employees of the business,- therefore offsetting additional parking needs. Currently there exists a two bedroom residential unit on the second floor of the building as indicated on the plan with this report. This unit cannot be legally occupied as a residence until the Special Review Use is granted and the residential development right transferred. STAFF COMMENTS Following are Staff comments to the applicable design review considerations: Section 6.10 - The Commission shall consider the following items in reviewing the design of a proposed project. Section 6.11 - The conformance with the Zoning Code and other applicable rules and regulations of the Town of Avon. If the use is limited to the employees of the businesses, no additional parking will be required. Approval of Special Review Use should be contingent upon compliance with current.bu'ilding codes. Particular areas of concern are egress, and fire • ft Staff Report to the Planning and Zoning Commission November 15, 1988 Lot 23, Block 1, Benchmark at Beaver Creek Section 36, Inc. and Henry and Ester Wolff Special Review Use for Transfer of One Residential Development Right and A Residential Use in the IC Zone District Page 2 of 3 protection for the residential use. Section 6.12 and 6.16 - Not applicable. Section 6.17 - The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon. There are no adopted goals for District 6. STAFF RECOMMENDATION' Approval of both Special Review Uses is recommended, conditioned by the following: 1. Residential use is restricted to employees of the tenant businesses.' 2. Residential use comply with all current technical codes adopted by the Town of Avon. 3. Adopt Resolution 88-10 RECOMMENDED ACTION 1. Introduce Project; 2. Presentation by Applicant; 3. Open Public Hearing 4. Close Public Hearing 5. Commission Review of Application; . 6. Act on Application. Respectfully submitted, ------Lynn'- Fri tzl en Director of Community Development Staff Report to the Planning and Zoning'Commission November 15, 1988 Lot 23, Block 1, Benchmark at Beaver Creek Section.36, Inc and Henry and Ester Wolff Special Review Use for Transfer of One Residential Development Right and a Residential Use in the IC Zone District Page 3 of 3 PLANNING AND ZONING ACTION Approved as Submitted ( ) Approved with Recommended Conditions ( ) Approved with Modified Conditions ( ) Continued ( ) Denied ( )'Withdrawn ( ) Date Denise Hill, Secretary c v U ~ ~ o Ilk } 70 %s * ~s '-"Nrudo7 ^ f2 `.7,IIOV07 1 L w r t.~;r ~ :w~ ~ O .T i I u I I °fl, I i i TT. IN I II ! it ! 1Y I C: O f~ l i N i 1 Q I! V ~ I • , ,.trr q f • t7 - - i z. I I~ oe otil ~ J 1 2 r' I~ ~J~ 0 0 APPLICATION FOR SPECIAL REVIEW USE ie undersigned hereby requests that a SPECIAL REVIEW USE be granted in accordance with re terms of the To+.•m of Avon Municipal Code. In support of this application, the rdersigned states: The Spec iaT Review Use requested is: f3i'1 E' l~C. A"VL-) 1),e r?- /A/ THE A215-7221c _T Legal description of property: L, r z< / ` r Z le Y r- fZ of E / /C C k; l C% /~-/c7T 2AC. A IL I 'l 11t7 - Address of property is: e el;, I- AD n Owner of described property: l1/~:~Fr- Applicant for Special Review Use: ~2 . 45-G7-1 ae. t5, Z- '-7 7-1-7 0,V Zoning classification of property: -6ey-11+ Existing improvements on property consist of: Z4 6 P q 6-ea / n!: t ; />>c? A/'T :ration of proposed Special Review Use is: Permanent X Temporary Years ,:.:.re is hereby attachEd a list of the names and addresses of c l i property 01'.lners :hin 300 feet of the property upon which the Special Use perit is requested, .'c the ►-Equired notices for mailing and posting. --_itional cor.,eIts: ' /D ~rll-) ///V/ T 444-c-! 17 't' Rec-- ZEE C- /S .'mil / lr~ N c i.7 ~ /"•'iF' i-'~,~? i D hereby' certify that the above statements are true and correct and the application is ned as an acknowledgement of that fact. I am the owner of the above described property authorized to act as agent for the owner. 1 icant G,A✓~~ P~O~.Ef2S~ Tiriv A& v• 6x 32 Al A G~ ,ess & one Number -d ~~~~y 3 ~srF2 ,ter Owner n0. oil D l/E/✓✓E~2 Address & Phone Number o n2 Dated • r November 1, 1383 N0PICE OF PUBLIC HEARIr;'- '10 WHChI IT MAY CONCERN: -You are hereby notified pursuant to the provisions of Section 17.20.030 R.1 of the Avon Municipal Code, that a public he:arirx3 cxi the following matter will be held and considered at the meeting of the Plmining ahd Zoning Commission of the Town of Avon, on November 15, 1988, at 7:30 P.M., in the Avon Municipal Complex, 400 Benchmark Read, Avon, Colorado, at which time and place you are hereby invited to be present arxl be heard. PROPERTY OWNER: Henry U. & Ester Wolff P. O. Box 4404 Denver, CC) 80204 APPLICALJ'r: LEGAL, DESCKIP21W OF PROPERTY: ADDRESS OF PROPEWY: REQUEWED CHAW;E & PROPOSED USE: DEADLINE : OTHER: i Patricia J. Doyle, Town Clerk Section 36, Inc. P. O. Brix 329 Avon, (1) 81620 Lot 23, Block 1, Benchmark at Beaver Creek, County of Eagle, State of Colorado 810 Nottingham Road 'transfer of one Residential Development Right fron Lot 64, Block 4, Wildridge Subdivision, which currently has 4 Residential Development Rights to Lot 23, Block 1, Benchmark at Beaver Creek, which currently h~is no Residential Development Rights, and to allow a residential use in connection with,a 1?usiness as permitted as a SNcial Review Use in the Industrial Cannercial Zone District. If you wish to lie heard on this matter you may app:!ar Fx:rsonally or by designated agent at the public hearing on November 15, 1988, OR you may file a written statement with the Town Clerk, Town of Avon, P. O. Box 975, Avon, CD 81620. In order to be eonsidere~d by the Planning and Zoning Co,mnission, such written statement ,nest be received in' the Town Offices no later than 4:00 P.M., Tuesday; November. 15, 1988. Applicant is represented by Linda Rodgers, Vice President, Section 36, Inc., P. O. Box 329, Avon, GD 81620 -(303) 949-5743. Recordinq Secretary Planning & Zoning Coimnission PUSTED Ar THE FOLLOING PUBLIC PLACES W1T11Lq THE Ta N Cx' AWN - November 2, 1968 CCWS`rAL MART SPORE EN'1't2ANCE `W CITY MARKET &'4f1WNCE TO AVON POST OFFICE MHIN LOBBY, AVC14 MUNICIPAL COMPLEX ADDRESSES OF PRtOPERrY OWNERS WITHIN 300 FI:[,1' OF 117r 23, BLACK 1, BENCHMARK AT BEAVER CREEK S013DIVISIClq AS Or 11/1/38: BENCHMARK AT BEAVER CRCE.K SUBDIVISION: 1. Lot 22, Block 1 Alvin Franzen 5570 E. 56th Ave. Comtierce City, CO 80022 2. Lot 24, Block 1 Gallegos F•lasonry, Inc. Box 821 Vail, M. 81638 3. 4. 5. e. 7. 8. 9. Lot 25, Block 1 Lot 32, Block 1 Lot 33, Block 1 Lot 34, Block 1 Lot 35, Block 4 A portion of Section 33, T4S,R82W, County of Eagle, State of Colorado I-70 Right-of-Way Dear-aoyle, Jenny Lee c/o Darlene Deer Truchses . Box :392 Crested BLItte, CO 84221 Philip Barshop . 1000 Central Pkwy. N.. San Antonio, TX 78222 Philip Barshop 1000 Central, Pkwy. N. Sari Antonio, TX 78222 MetcalE Ctr. coo Proles rty Rental Mgmt. 143 E. Meadcv Dr., Sn-35-A Vail, CU 81657 Donald Ryan Box 426 Norton, ICS 67654 U. S. Forest Service Mintlirn Office U. S. 24 LIX Harrison Minturn, CO 81645 State Dent. of Highways c/o Division of Highways 4201 E. Arkansas Avenue Denver, CO 80222 ll/U1/88/lr