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,la~ece K. ~los Caa~ciall, Pitkin +County, CC3
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING AN APPEAL BY THE COMMUNITY DEVELOPMENT
DIRECTOR OF HEARING OFFICER DETERMINATION NO. 04-2008 WHICH APPROVED
THE GSS PROPERTIES LLC SITE PLAN REVIEW, SPECIAL REVYEW AND GMQS
EXEMPTION, ANll MODIFYING THE DETERMINATTON
Resolution No. d~~ - 2008
RECITALS
1. The Community Development Director of Pitkin County, Colorado ("Appellant") has appealed Hearing
Officer Determination No. 04-2008 to the Board of County Commissioners of Pitkin County, Colorado
(`BOCC"). The Appellant is appealing the Hearing Ofiicer's decision not to include a condition of
approval requiring the Applicant to record a covenant prohibiting commercial agricultural activities
on the parcel, pursuant to Sec. 2-20-10(e) of the Land Use Code.
2. The parcel is located at 8888 Highway 133, and is more specitically described in E~ibit A.
3. The parcel contains 55 acres and is confarming in size in the RS-30 zone district.
4. The Hearing Officer granted Site Plan Review, Special Review and GMQS Exemption to utilize one
TDR to develop an additional 2,500 square feet of floor area to accommodate a caretaker dwelling
unit, garage and additional storage space, pursuant to Determination Na. Od-2008, after consideration
of the application at a duly noticed public hearing on March 18, 2008.
5. The Appellant submitted a notice of appeal within 15 working days of the decision and submitted
transcripts of the hearings within 60 working days of the decision, as required by Sec. 2-20-180 of
the Land Use Code ("Code").
The BOCC heard this appeal at a duly noticed public hearing on July ?3, ~008, at which time evidence
and testimony were presented with respect to the appeal based on the record of the Hearing Officer's
decision.
7. The BOCC finds that there has not been an abuse of discretion or denial of procedural due process in
the application of the fact in the record to the standards of the Land Use Code.
8. The BOCC further finds that the Hearing Officer erred in his decision by not determining whether the
caretaker dwelling unit would be used to support the agricultural use, in which case it would not be
appropriate for the Appli~ant to record a covenant prohibiting commercial agricultural activities on
the parcel, pursuant to Sec. 2-ZO-10(e) ofthe I.and Use Code.
NOW THEREFORE BE IT RESOI.VED by the Pitkin County Board of County
Commissioners that it does hereby approve the appeal of } tearing Officer Determination No. 04-2008.
BE IT FUR1'HER RESOLVED by the BOCC that it does hereby modify Hearing Officer
Determination No. 04-2008 to include the following conditiun:
Resolution No.~~3 - Z008
Page 2
1. The caretaker dwelling unit shall be utilized primarily to support the agricultural use on the property.
This provision shall be included in the deed restriction that is required to be recorded for the
caretaker dwelling unit.
NOTICE OF PUBLIC HF,ARING PUBI.ISHED IN THE ASPEN TIMES WEEKLY on the 22nd
day of June, 2008.
APPROVED ON THE 23Rr' DAY OF JULY, 2008.
TTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COIINTY, COLORADO
, ,,
I ~ ~'~%- `-` 1
- - - ' -~ ~~~ ` cL. -~_
Jones J k f atfield, Chairm
CountyCl k ~~~ '~
APPROVED AS TO FORM:
` =----~ ~--- -- -
--~-
John Ely, %'
County AtkorrSey
~~
Date: ~ _?~C' ~
APPROVEU AS '1'O CON'I'ENT:
-- - -C~~ -~~~ ~- ~
Cindy ^ ou en,
Communit~~ Development Director
PID 264910100021
Case #P007-08
~,~~. ~3-~~ ~ •
Oor Order No. Q38323U
LEGAi. pESCRIPTION
H.~. SURVEY NO. 9Q, EMBI2,ACING A PORTION OF SBCTtON 10, TOWNS~IIP 9 SOUTH, RgNGP
88 WEST OF Tk-i'E STXTH PRINCIPAL MERIDL4r~ COLORADO, MORE PARTICt,YI..4RLY BOU~~DFp
4ND DESCR7}3~D AS FOLLOWS:
BEGtl`:~~INGA.T COR2v'EA N0. 1> FRpM WHICH THE COR\TFR OF SECT20NS 2, 3, l0 AND 11,
SAID 'i'OWNSHIP AND RANGE, BEARS NORTN 8 DEGREES 03' ~1S'T 29.57 Cf-TA1NS D1STf:NT;
THLl~ CE SOUT~I 13 DL-GREES ~ I' EAST 11.01 CHAiNS TO CORNL•R .'~TO. Z;
TH~!~CE SOUTH 56 DEGREES 27' WEST 25.65 CH~1iT~iS TO CORI~BR NO, 3;
THENCE NORT~I 35 DL~UREES p;' ~~~EST 24.42 CH~TNS TO COIZNER NO. 4;
THENCE NORTH 74 DEGREBS 54' EAST 3.48 CT-~AINS TO CO1tN~R NO. 5;
THENCE NORTH 0 DBGREE5 I9' EAST 3.6 Cf~IAINS TO COR1vER NO_ G;
THENCE NORTII 89 bLGREES l.3' E.4S`f 29.58 CH.ATI~TS TO CORNER N0. I, THE PI,ACE OF
$EGl?v'Tv'Tr1G•.
CQUNTY OF PITK:iN, STATE OF COLORADO
OOOtJ09
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RECEI'dED 7IME JUN. ?. 8~55AM