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TC Res. No. 2013-11 Variance Wildridge PointTOWN OF AVON RESOLUTION NO. 13 -11 Series of 2013 A RESOLUTION CONDTIONALLY APPROVING A VARIANCE FROM SECTIONS 7.32.020(e)(6) and 7.32.020(e)(7) FOR LOTS 2 AND 3, WILDRIDGE POINT, A RESUBDIVISION OF LOTS 33 -34, BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Town of Avon ( "Town ") adopted Ordinance No. 10 -14 adopting the Avon Development Code ( "ADC "); and WHEREAS, the ADC includes provisions for Natural Resource protection through steep slope, buildable area, and building footprint requirements; and WHEREAS, Mountain C.I. Holdings LTD, the owner of properties in the Town described as 5081 & 5091 Wildridge Road E., Avon, CO 81620, or Lots 33 & 34, Block 4, Wildridge Subdivision has submitted a Variance application through its authorized representative Dominic Mauriello, Mauriello Planning Group LLC, ( "Applicant ") ; and WHEREAS, the Variance application requests exemption from Section 7.28.100(a), Steep Slopes, and Section 7.32.020(e)(6), Buildable Area, and Section 7.32.020(e)(7), Building Envelopes, to allow the Wildridge Point Subdivision and PUD to permit development on Lots 2 and 3 for two (2) single - family residences in areas over forty percent (40 %) slope and to not be required to plat specific building envelopes for those lots; and WHEREAS, the Planning and Zoning Commission held public hearings on February 5, 2013 and March 5, 2013 after posting notice of such hearings in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all comments provided; and WHEREAS, the Planning and Zoning Commission did not act on the Variance application after discussing the applicability of Section 7.28. 1 00(a), Steep Slopes, and determining that the application was: (a) not a zoning amendment due to the zoning classification, PUD, remaining the same; and, (b) a resubdivision and not a new subdivision, which would have required a Variance, and, therefore, did not discuss or apply the requirements of Section 7.32.020(e), Lots; and WHEREAS, the Applicant acknowledges that the Community Development Director has interpreted the code that a Variance application is required to be acted upon in order to permit development on these lots and for procedural purposes the Applicant has requested Town Council to consider the Variance application pursuant to the appeals procedures in Sections 7.16.110(b) and 7.16.160 of the ADC; and WHEREAS, the Town Council reserves the authority to render a final decision on all decisions rendered under the ADC; and WHEREAS, the Town Council of the Town of Avon held a public hearing for Variance review on the 26th day of March, 2013, after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Variance application; and WHEREAS, the Town Council has examined the review criteria set forth in Section 7.16.110(c); and WHEREAS, the Town Council of the Town of Avon has made the following findings regarding the Variance Application: 1. The granting of the variance will not constitute a 9 rant of special privilege inconsistent with the limitations on other properties classified in the same district because the Property is unique in its topography, site characteristics and accessibility from the adjacent roadway and the Property has an existing right to develop a similar or greater density with a similar or greater site disturbance without the requested variance. 2. The granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity because the variance does not increase the overall site density or potential site disturbance. 3. The variance is warranted because the strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code by limiting the development of the Property to two duplex structures which may require more site disturbance and less design flexibility on steep slopes than three single family structures; and, there are exceptional or extraordinary conditions on the Property, particularly steep slopes, that do not apply generally to other properties in the same zone. 4. The Property is allowed to develop on areas exceeding forty percent (40 %) slope under existing zoning and the resubdivision of the Wildridge Point Subdivision and should be allowed to develop in the same manner; therefore, Lots 2 and 3, Wildridge Point Subdivision should not be subject to Section 7.32.020(e)(6), Buildable Area. 5. The Wildridge Point Subdivision through the platting of non - developable areas and inclusion of maximum building footprint limitations are platting a de facto building envelope thus complying with the intent of Section 7.32.020(e)(7), Building Envelope. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Variance application for Lots 2 and 3, Wildridge Point Subdivision, A Resubdivision of Lot 33 and 34, Block 4, Wildridge Subdivision, Town of Avon, Eagle County Colorado, is hereby approved by the Town of Avon, subject to the following conditions: 1. The Variance is approved and effective only upon approval of Ordinance 13 -05. ADOPTED THIS a L°�" DAY OF 2013. o��ot= AUpN� ATTEST: TOWN COUNCIL TOWN OF AVON, COLORADO Rich Carroll, Mayor