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Home My WebLink Aboutbocc.res.055.2001 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO DETERMINATION THAT NO TAKINGS HAS OCCURRED AS A RESULT OF THE DENIAL OF THE DROSTE FAMILY HOMESITE AND ROAD CONSTRUCTION APPLICATIONS RESOLUTION NO. 0 6.5 -2001 RECITALS 1. The Droste Family Interests (Applicant) has applied to the Board of County Commissioners for a takings determination pursuant to Section 4-150 of the Land Use Code. 2. The actions of the County that the applicant contests constitute a taking of their real property are the denials of the development applications for a homesite and a ranch road. 3. The applicant had filed two development applications, one for a residential homesite on a 500-acre parcel, the second for a road across the applicant's property from Brush Creek Road to the top of the ridge between Brush Creek and Owl Creek. 4. Both land use applications were denied by the Pitkin County Land Use Code Hearing Officer, based upon the presence of wildlife winter concentration areas and severe winter range areas, pursuant to Land Use Code Section 3-80-080. 5. No appeal of the hearing officer's findings has been filed by the applicant pursuant to Land Use Code 4-160. 6. Applicant's homesite application is on a 500-acre parcel, specifically configured to take advantage of certain exemptions in the Pitkin County Land Use Code for parcels of 500 acres or more. 7. The Community Development staff identified alternative development sites within the 500-acre homesite application parcel that were not impacted by wildlife habitat concerns. 8. Applicant has not offered to develop the homesite parcel in an alternative location, nor sought to modify the terms of the conservation easement which burdens a majority of the homesite parcel. 9. The denial of the road application does not change the applicant's ability to access their property. Illlllllllll "III' Illlllllllilllllllllllllllllllllll'll 454117 05/03/2001 09:14A RESOLUTI DAVIS SILVI 1 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No.666 -2001 Page 2 10. The denial of the road application does not affect any current or approved uses of applicant's property or the Applicant's ability to seek and obtain other uses of the property in the future. 11. The denial of the two applications does not breach any contractual relationship running between the applicant and the County as evidenced in the purchase and sale of the 1996 or 1999 conservation easements. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado, based upon the foregoing facts and the record in this matter: That the denials of the hearing officer of these applications are not sufficient to establish an elimination of all economically viable uses of applicant's property; That the denials of these applications are not sufficient to establish an unreasonable interference with the reasonable investment-backed expectation of the applicant in its property, a significantly diminished ability to develop the property nor to establish a seriously diminished value of applicant's property; That the Board determines that there has been no taking occasioned by the hearing officer's denial of the two development applications of the applicant. PUBLIC MEETING HELD ON MARCH 13, 2001 AND CONTINUED TO THE 27TH DAY OF MARCH, 2001. ADOPTED ON THE 27TH DAY OF MARCH, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: 00,� Jeanette Jones, Deputy Clerk Michael Ireland, Chair Date: /NA<f Z7 Z&w/ Illlll "III llllll llilll Illl Illl lllllli III lllll IIII IN 454117 05/03/2001 09:14R RESOLUTI DAVIS SILVI 2 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No.0,75 -2001 Page 3 APPROVED AS TO FORM AND CONTENT: John M. El Cindy Houben Co orney Community Development Director C:\home\janea\resos\DrosteReso.doc I II'lll (IIII IIIIII IIII IIII II'I IIIIIII III IIIII IIII IIII 454117 05/03/2001 09:14A RESOLUTI DAVIS SILVI 3 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO LEGAL DESCRIPTION A Portion of a Conservation Easement described at Reception No. 436191 at the Pitkin County Clerk and Recorders office located in Sections 28, 29, 32,33 and 34 T98rR85W of the 6th P.M. r County of Pitkin, State of Colorado. Commencing at the Southeast corner of the NEI A of section 29 from which the Northwest corner of Section 33, T9S, R85W bears SO090413411E, Thence S38.28137N, 5426.75 feet to the Southwest corner of said Conservation Easement as described in Reception No. 438191 in the Records of Pitkin County Clerk and Recorders Office to the True POint of •eviauiaQ. The following courses and distances are along the exterior boundary lines of said Conservation Easement: Thence S90'00' 00"E, 6491.18 feet; Thence 830000' 0011W, 780.86 fast; TiletlCe S84024'55"E, 2367.10 feet; Thence N00'00'00"E, 71.90 feet; Thence N90'00'00"W, 98.49 feet; Thence N01919145"Wr 1343.34 fast; Thence S87'48146"W, 1484.62 feeti Thence N30'06123"W, 1090.00 feet; l llllll lllll llllll IIIIII IN llll llllll1 III lllll llll IN 454117 05/03/2002 09:14R RESOLUTI DAVIS SILVI 4 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Thence N 00°55157"W, 220.10 feet; Thence N87032139"E, 406.16 feet; Thence N00056'10"W, 1346.21 feet; Thence S87°44' 50"W, 2893.14 feet; Thence S16°07'04"E, 20.03 feet; Thence S73°52'56"W, 300.00 feet; Thence S21059138"W, 729.98 feet; Thence 985901106"W, 927.20 feet! Thence leaving Easterly line of said Conservation Easement N11054151"E, 806. 30 feet; Thence S33122 '00"W, 565.77 feet; Thence S69°1110611W, 44.60 feet; Thence N69006157"N, 53.36 feet; Thence S71°05' 10" W, 172.21 feet) Thence S64°2010011W, 248. 36 feet; Thence S32°47124"W, 171.38 feet; Thence 562°30117"W, 100.73 feet; Thence S28°15116"W, 279.33 feet; Thence S76052130"W, 45.39 feet; Thence N33°24115 W, 174. 98 feet; Thence N07034110"E, 565.96 feet; Thence N80028126"W, 141.66 feet; Thence 830°55104"W, 138.93 feet; Thence N43023'5011'A, 107.41 feet; I I'IIII IIIII 'IIII' I"II' II" II'I 'lll"I III 'IIII IIII I"I 454117 05/03/2001 09:14A RESOLUTI DAVIS SILVI 5 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Thence S60°34'55"W, 86. 96 feeti Thence N86°27119"W, 244.60 feet: Thence S50651'05"W, 507.91 feeti Thence N87°01'35"W, 531.22 feet to the Westerly line of said Conservation Sasementi Thence S11°26157"W, 2183,48 feet along the Westerly line of said Conservation Easement to the True point of beginning. Area- 465.2599 Acres Legal Description Prepared By: Scott A. Pulling, PL9 #27936 Drexel Harrell & Co. 4840 Pearl East Circle, Suite 114 Boulder, Colorado 80301-2475 (303) 442-4338 II'III "III "IIIIIIIIII" II'I11111 IIII HIM IIII IIII 454117 05/03/2001 M 14R RESOLUTI DAVIS SILVI 6 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO IIIIII IIIII IIIIII IIIIII IIII IIII IIIIIII III IIIII IIII IIII RI P_F1 0A) 454117 05/03/2001 09:14A RESOLUTI DAVIS SILVI 7 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT "A" LEGAL DESCRIPTION That portion of the following described real estate lying Southerly of the County Road providing access from Colorado Highway 82 Westerly along Brush Creek to the Snowmass-at-Aspen area: Parts of Lots 12. 17 and 20 in Section 28. Township 9 South, Range 85 West of the 6th P.M.. described as follows: Beginning at a point on the East line of said Lot 17 which is 1277.5 feet South of the Northeast corner of said Lot 17; thence N 16°06'W 1538.1 feet to a point whence the West one-quarter corner of said Section 28 bears S 89°48'W 662.I feet and on the same course a total distance of 2703.5 feet to a point on the North line of said Lot 20; thence West to the Northwest corner of said Lot 20; thence South to the Southwest corner of said Lot 17; thence East to the Southeast corner of said Lot 17; thence North to the point of beginning. and All of Lots 14 and 16 and the Southwest one-quarter of the Southeast one-quarter of Section 28, Township 9 South, Ran 85 West of the 6th P.M. and All of Lots 2, 3, 4, 6, 7, 8, 9, 10, 13, 14, 17. 18 and 19 in Section 29, Township 9 South, Range 85 West of the 6th P.M. and All of Lots 1, 2, 3, 5, 6 and 9, and the Northeast one-quarter of the Northeast one-quarter, the Southeast one-quarter of t Northeast one-quarter, the Southwest one-quarter of the Northeast one-quarter, the Southeast one-quarter of the Northwest one-quarter, the Northeast one-quarter of the Southwest one-quarter, and the Northwest one-quarter of the Southeast one-quarter, in Section 32. Township 9 South, Range 85 West of the 6th P.M. and All of Lots 2, 3, 5, 7, 8, 11 and 12, and the West one-half of the Northwest one-quarter, the Northeast one-quarter of the Northwest one-quarter in Section 33, Township 9 South, Range 85 West of the 6th P.M. and All of Lot 25 in Section 34, Township 9 South, Range 85 West of the 6th P.M. and A parcel of land being part of Lot 8, Section 32, Township 9 South, Range 85 West of the 6th P.M., described as follows: ?. Beginning at the Northeast corner of said Lot 8 whence the Northwest comer of said Section 32 bears N 27"55'04"W 2977.25 feet; thence S 00°59'14" E 5.83 feet along the East line of said Lot 8 to the intersection with a fence line; thence N 89045'04"W 182.45 feet along said fence line to a fence corner; thence N 00007'27" E 6.12 feet along a fence line to the North line of said Lot 8; thence S 89039'47" E 182.33 feet to the point of beginning. EXCEPTING FROM THE ABOVE: That parcel of land conveyed to John N. Stern in instrument recorded December 27, 1974 in Book 295 at Page 57. That parcel of land conveyed to Pitkin County in instrument recorded May 4, 1990 in Book 619 at Page 859. That strip of land conveyed to the Board of County Commissioners recorded June 27, 1990 in Book 623 at Page 999. That strip of land conveyed to the Board of County Commissioners recorded June 27. 1990 in Book 624 at Page 3. That parcel of land conveyed to Thomas D. Anderson and Christine M. Anderson recorded December 31. 1998 as Reception No. 426054. I IIIIII I'lll IIIII' IIIII'IIII IIII IIII'll III IIIII IIII II'I 454117 05/03/2001 09: 14R RESOLUTI OAVIS SILVI 8 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO i i e