TC Res. No. 1995-03TOWN OF AVON
TOWN COUNCIL
RESOLUTION NO. 95 -3
SERIES OF 1995
A RESOLUTION UPHOLDING THE APPEAL OF THE PLANNING AND ZONING
COMMISSION DECISION TO ALLOW FOR A VARIANCE TO THE
PARKING REQUIREMENTS, AS STIPULATED IN TITLE 17,
OF THE AVON MUNICIPAL CODE FOR LOT 14/15, BLOCK 1, .
BENCHMARK AT BEAVER CREEK SUBDIVISION,
TOWN OF'AVON, EAGLE COUNTY, COLORADO
WHEREAS, T.J. Conners and-Edwin Gummelt Jr., owners of Lot 14/15, Block 1,
Benchmark at Beaver Creek, have applied for a variance from the parking
requirements as stipulated in Title 17, of the Avon Municipal Code; 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 time the applicant and the
public were given an opportunity to express their opinions and present certain information and
reports regarding the proposed Parking Variance application; and
WHEREAS, the Planning and Zoning Commission granted the variance from the parking
requirements as stipulated in Title 17, of the Avon Municipal Code; and
WHEREAS, the decision of the Planning and Zoning Commission was appealed to the
Town Council; and
WHEREAS, a public hearing was held by the Town Council of the Town of Avon,
pursuant to notices required by law, at which time the applicant and the public were given an
opportunity to express,their opinions and present certain information and reports regarding the
proposed Parking Variance application; and
WHEREAS the Town Council has considered;
1. The relationship of the requested variance to other existing or potential uses and
structures in the vicinity;
2. 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;
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety;
4. Such other factors and criteria as the Council deems applicable to the proposed
variance.
WHEREAS, the Avon Town Council finds:
A. That the granting of the variance will constitute a grant of special
privilege inconsistent with the limitations on other properties in the vicinity.
B. That the granting of the variance will be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
C. That the variance is not warranted for the following reasons:
i. The strict or literal interpretation and enforcement of the 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 or literal interpretation and enforcement of the specified regulation would
not deprive the applicant of privileges enjoyed by the owners of other properties in the
vicinity.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of
the Town of Avon, Colorado, hereby upholds the appeal and denies the requested variance
from the parking requirements of Title 17 of the Avon Municipal Code for Lot 14/15, Block 1,
Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado.
ADOPTED THIS 24th DAY OF January 1995
Albert J. Reyn ds, r
ATTEST: