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.
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ATTEST:
TOWN COUNCIL
TOWN OF AVON, COLORADO
Rich Carroll, Mayor