HomeMy WebLinkAboutbocc.res.018.2008RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, DENYING A REQUEST BY PETER HEINEMAN TO OBTAIN ONE
CONSTRAINED SITE TDR
Resolution No.O/$ -2008
RECITALS
1. Peter Heineman ("Applicant") has applied to the Pitkin Board of County Commissioners (`BOCC")
for a constrained site deterrnination and issuance of one Transferable Development Right ("TDR")
pursuant to Sec. 6-70-40.a.7 of the Land Use Code ("Code").
2. The parcel is located above Shale Bluffs off of State Highway 82 and adjacent to the Cozy Point South
Open Space, and is more specifically described in Exhibit A.
3. The parcel contains 1.57 acres, and is a nonconforming size parcel in the AR-10 zone district.
4. The United States of America issued a patent for the parcel to the Applicant in August of 1990.
The BOCC reviewed the request for a determination as to whether the site is "undevelopable or
severely restricted" and, therefore, whether it would be appropriate to grant one constrained site TDR
at a duly noticed public hearing on February 27, 2008, at which time evidence and testimony were
presented with respect to this application.
The BOCC finds that the parcel is not eligible for issuance of a constrained site TDR, since the
parcel does not have a development right, pursuant to Sec. 6-30-100.a.7 of the Land Use Code, which
states that lands owned or controlled by any governmental entity or division on or before June 12,
1978 do not qualify for a growth management exemption. The parcel was owned by the United
States government unti] it was conveyed via patent to the Applicant in 1990.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Pitkin
County, Colorado, that it hereby denies the Heineman request for one constrained site TDR.
FtEGEPTIOIU#; 547076, Q3!(15/20Q8 at
09:43:23 Albl,
1 C3~ 3, R$~.00 Doc Code RESOLUTION
.)anice K. Vs~s Caudill, Pitkin County, CQ
Resolution No. l~~ D -2008
Page 2
DENIED ON THE 27`h DAY OF FEBRUARY, 2008.
APPROVED AS TO FORM:
John Ely
Coun ney
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
~
By -
J c Hatfield, Chair
Date ~ ~ ~ ~ ~
APPROVED AS TO CONTENT:
~ ~,~,c.~c
Cmdy Houben
Community Development Director
PID #264328100001
Case P 127-07
EXHIBIT #~ -
Form ~B~x ~~je ~niteb ~tate~ of ~r~erica
(.luiy 1981)
Colorado 5I$82
~o att to tnfjom tfjc~e prc~cntg ~att to~ric, ~rcctinq:
_.
- ~#323944 09/06/90 15:31 Rec ~5.00 B~ 628 F6 889
WHEREAS Silvia Davis, Pitkin Cnty Clerk, Doc ~,uc~
Peter Heineman
is entitled to a Land Patent pursuant to Section 206 of the Act of October 21,
1976 (43 U.S.C 170I, 1726), far the foZlowing deacribed Iand:
Sixth Principal Meridian~ CoZorado,
T. 9 s., R. a5 w.,
sec. 28, lot 8,
containing I.57 acrea.
NOW KNOW YE, that there is, thezefore, granted by the UNITED STATES unto
Peter Heineman, tlie land described above; TO HAVE AND TO AOLD the said land
with alI the rights, privileges, immunitiee, and appurtenances, of whatsoever
nature, thereun to belonging, unto the said Peter Heineman, his heirs and
assigns; forever; and
A~~FDTi~L.~'s n~ami ~°~.~~~viis'v iv ifii uiiil~ i$ii~i~$ a gignr-of-way L'nereon IOI'
ditches and caaals conetructed by the authority of the United States. Act of
August 30, 1890 (43 U.S.C. 945).
SUBJ~CT TO a right-of-~aay noW existfng or of record, for Colorado State
Highway 82, acroes lot 8 aecCion 28, T. 9 S., R. 85 W., Sixth Principal
Meridian, Colorado. ~
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U5-90-~)C)'~
IN 7'ESTIAlONY WHLREUF, the undersigncd authorizcd oificer oC lfic
Rurcau of Land Managcmeut, irt accordance w;th thc provisions of the
Act o( Junc 11, 1948 (62 Stat. 476), has, in thc namc o( tbc Unitcd Statcs,
causcd thesc Icttcrs to bc made Patcnt, and the Scal of the Burcau to bc
hcrcunlo af(xtd.
GtvEN undcr my hand, in LAKEWOUD , COLORADO
~hc TWENTY-FOURTH aay or AUGUST
in thc ycar of our7ord onc thousand nine hundred and NINETY
and o( thc Indcpcndence of the
Unitcd Statu ~hc two hundred and FIFTEENTH.
By v
Deputy St te i ector for Lands and
Renewable Resources
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