HomeMy WebLinkAboutbocc.res.011.2008RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING A REQUEST BY CONNIE, MARK AND ANN HARVEY TO
OBTAIN TWO CONSTRAINED SITE TDRS FOR LOTS 25 AND 49, 5HIELD O TERRACES
Resolution No.~/~ -2008
RECITALS
1. Connie, Mark and Ann Harvey ("Applicant") have applied to the Pitkin Board of County
Commissioners (`BOCC") for a constrained site determination and issuance of Transferable
Development Rights ("TDRs") pursuant to Sec. 6-70-40.a.7 and 6-70-40.a.8 of the Land Use Code
("Code").
The lots are located on Shield O Road, are referred to as Lots 25 and 49, Shield O Terraces, and are
more specifically described in Exhibits A and B. The lots were created in 1969 and 1972,
respectively, which was prior to the County's adoption of subdivision regulations, and, therefore, are
legally created and exempt from growth management.
Lot 25 contains 2.12 acres and Lot 49 contains 2.099 acres; both lots are non-conforming in size in the
RS-30 zone district.
4. The BOCC reviewed the request for a determination as to whether the lots are "undevelopable or
severely restricted" and/or visually constrained and, therefore, whether it would be appropriate to
grant two constrained site TDRs at duly noticed public hearings on October 24, 2007 and February
13, 2008, at which times evidence and testimony were presented with respect to this application.
5. The BOCC finds that the lots are severely restricted, based on the following:
A. The lots are adjacent to property that is encumbered by a conservation easement, and development
of the lots would visually impact the conserved area.
B. The lots contain slopes in excess of 30% with areas of instability due to Mancos shale; development
of buildings and driveways will require significant retaining structures.
C. Development on the lots will be visible from Snowmass Creek Road upvalley from Shield O Road,
as well as from the Harvey Ranch and the Maroon Bells/Snowmass Wilderness, and, therefore will
severely impact the Scenic View Protection Area.
D. Extensive cut and fill will be required to improve the existing road and construct driveways to the
residences; significant retaining structures will be required.
E. The wildfire hazard on the lots is extreme.
F. It may be difficult to obtain water for the lots due to the Mancos shale.
G. Emergency vehicles may not have adequate access to the lots and winter access may be limited.
6. The BOCC finds that the lots are eligible for issuance of two TDRs for constrained sites.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Pitkin
County, Colorado, that it hereby approves the Harvey request for two constrained site TDRs - one TDR
for each of Lots 25 and 49, Shield O Terraces.
RECEPTION#: 547079, 03/05J2008 at
09:43:26 AM,
1 fJF 4, Ft $O.Op poc Code RESO~UTlON
Ja~tlce K• 1+'os Caudiii, Pitkin County, CQ
Resolution No, d~~ -2008
Page 2
APPROVED ON THE 13`h DAY OF FEBRUARY, 2008.
ATTEST:
~„
C~~ ;,~
J etteJones
I~ puty Clerk and, ecorder
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By . ~ ~ ~~~ ~~` ~
~ _ ~~' ~~
J , ~atfield, Chair -~ rJ
Date ~'%'~ ~ ~' ~
APPROVED AS TO FORM:
~
Johp
C nty ney
APPROVED AS TO CONTENT:
U~ C
'ndy Houben
Community Development Director
PID #264527201006 & 264527201007
Case P112-07
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Parcel description: Lot 25, Shield O Terraces, Owned by Ann Harvey and Connie Harvey
I,at 25, S~iIELa-O-'I~.S,
pro~posed subdivisian nr.~z~e particularily ~i.~ as faLlaas :
A tract of 1ar~d situa#~ec! 1n Lo~ 7.6 of Sectian 27, ~aanship 9 Sac~th, Raxx,~e 86
West of the 5fih P.M. lyirig No~r~xly of t1~e South~rly lin~ of said Lat 16 and
East-erly of tha Wes~erly :Lir~e af said Section 27, c7~scribed as fo].l~ws:
Begiru~.ng a~ a point on tl~e West+erly lir~e of said Section 27 whex~c+e the
Narthwest Qa~r~x of said Sectian 27 bears Nc~rth 00° 3b' 41" East, 1, 080. QO feet;
~ Na~t-h 27° 46 `39" East a distarn~ of b7.97 fee~:
t.hex~oe t3arth b0° 32' 05" East a c7j.stanae of 11D.OQ feet;
~ South 86 ° 44' 19" Ea.st a dis-tanae of 40. 41 feet;
~.naa South ~4 ° 35' 44" East a dist~zraa of 48. 63 feet;
tr~-~ Saath 37 ° 01' 09" East a c~iet.r~rr~e of 65. 35 feet; ,
thenoe Sauth 48 ° 40' 48" East a diet~me of 197 . 43 feet tA a po~i.nt rn the
SouthQrly 19.ne of sa~.d Lot 16;
~ Nar-th 89 ° 05' 34" West a dis~arx~ o~ 123. 52 feet along the Scx.ifi~rly
line of said Icxt 16;
tYr~.rx~e South a distarx7e of 143.18 teet;
~ West a distar~oe of 274.11 feet alrng ~e Southerly line of said
Lot 16 ~xi a poin~ on t~Y~a Westa~xly 1.~.ne of sraid Sec~ti.,rn 27;
fi.h~x~e Narth OQ° 36' 41" Eas~ a distame of 240.00 fe~t alrng tria West~arly
13r~e ot saia sact3.«i 27 -ba the Po3nt of r~egiruzing,
C:~KBR~Harvey Connie\Index Shield-O.doc
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Parcel description: Lot 49, Shield O Terraces, owned by Mark Harvey and Connie Harvey
A PARCEI, OF' LAND SITL7AT~D IN GOVERNMENT LOT 7.6, SECTZON 27,
'T'~WNSHIP 9 SOUTH, RANGE 86 WEST OF THE 6TH P.M., COUNTY OP
PITKIN, STATE OF CQLORAT7Q, SAID PARCEL OF LAND BEING •
DESCRIB~D AS FOLL4WS:
BEGINNING AT A POSNT WHERE THE NORTHWEST CORNER OF SAID
SECTI.ON 27 BEARS NORTH 2'6 DEGREES 37' S5" WEST, ].,322 FEET;
THENCE NORTH 89 DEGREES 05' 34" WEST, 230 FEET;
THENCE NORTH 397.59 F'EET; ' '
THENCE SOUTH 89 DEGREES 05' 34" EAST, 230 FEET;
THENCE SOUTH 397.59 rEET TO THE POINT OF BEGINNING.
EXCEPTTNG THEREFROM ~
A PARCEL OF LAND SITUATED IN THE NORTHWEST QLTARTER~OF THE
NORTHWEST QUARTER OF SArD SECT20N 27 SATD PARCEL.IS MORE
FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT, A POTNT ON THE SOUTHERLY BOUNDARY LINE ~F' LOT ~6
IN SA2D SECTION 27 TnIHERE THE NORTHWEST CQRNER OF SAID SECTION
27 BEARS NORTH 17 DEGREES.OG' 39" WEST, 1,232.94 FEET;
THENCE NbRTH 17.93 FEET;
THENCE SOUTH 48 DEGREES 40' 48" EAST, 27.65 FEET TO THE POTN'T'
OF IN'I'ERSECTION WTTH THE SOUTHERLY BOUNDARY LINE OF OF SAID
GOVERNMENT LOT'16 OF SATD SECTION 27; THENCE ALONG SAID
SOUTHERLY BOUNDAR.Y LTNE NORTH 89 DEGREES 05' 34" WEST, 2~.7'1
FEET TO THE POINT OF BEGINNING. •
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