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TC Res. No. 2004-20 DENYING SUBDIVISION VARIANCE AND PRELIMINARYTOWN OF AVON, COLORADO RESOLUTION NO. 04-20 Series of 2004 T~ . A RESOLUTION DENYING SUBDIVISION VARIANCE AND PRELIMINARY PLAN APPROVAL FOR WESTERN SAGE P.U.D., A RESUBDIVISION OF LOTS 54, 55, 89 AND 90, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Jay K. Peterson has applied for a Subdivision Variance in conjunction with a Subdivision Preliminary Plan approval for the Western Sage P.U.D. a Resubdivision of 1 11 Lots 54, 55, 89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado; and WHEREAS, said Application is in conjunction with application for a PUD Amendment for said Lots 54, 55, 89 and 90, Block 4, Wildridge; and WHEREAS, said Variance application, is, to extend the length and increase the density on a cul-de-sac that currently exceeds length and density standards identified in the Town Subdivision Regulations; and WHEREAS, said application for a PUD Amendment for Lots 54, 55, 89 and 90, Block 4, Wildridge was reviewed by the Planning and Zoning Commission of the Town of Avon; and WHEREAS, following a public hearing and said review of the proposed PUD Amendment, the Planning and Zoning Commission recommended Town Council denial of the proposed PUD Amendment; and WHEREAS, following a public hearing and review of the proposed PUD Amendment, the Town Council has confirmed the recommendation for denial by the Planning and Zoning Commission and has denied the Proposed PUD Amendment; and WHEREAS, said Application for Subdivision Variance and Preliminary Plan approval is based upon a subdivision conforming to the Proposed PUD Amendment; and WHEREAS, the granting of the proposed Subdivision Variance may adversely affect the use of the land in the immediate area of the resubdivision; and WHEREAS, the Proposed Subdivision Preliminary Plan is not in conformance with the current PUD Zone District. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the Proposed Subdivision Variance and Preliminary Plan for Lots 54, 55, 89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado is hereby denied for the following reasons: A) The Public Hearing process has demonstrated an area of significant local interest opposed to the Proposed P.U.D., Subdivision Variance and Subdivision Preliminary Plan. B) The Preliminary Plan will result in encroachment into Non-Developable Areas as identified on the current Wildridge Plat C) The granting of the Variance will adversely affect the use of the land in the immediate area of the tract in question. D) The Preliminary Plan does not conform to current PUD Zone District ADOPTED THIS DAY OF June, 2004. TOWN COUNCIL TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 04-20 Preliminary Plan Lots 54, 55, 89, 90 Page 2 of 2