HomeMy WebLinkAboutbocc.res.004.2009 RECEPTION#: 556027, 01/28/2009 at
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1 OF 4, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, APPROVING THE STRANAHAN SUBDIVISION EXEMPTION TO
CREATE AN OPEN SPi~CE PARCEL
Resolution No. ~-2009
RECITALS
1. George Stranahan, ("Applicant") has applied to the Board of County Commissioners of Pitkin County,
Colorado ("BOCC") to subdivide a 103 acre parcel in order to retain the eastern half of the Argenta and
Yankee mining claims (approximately 10 acres). The balance of the parcel will be conveyed to Pitkin
County along with the Applicant's other mining claims (a total of approximately 338 acres), and
protected by a conservation easement held by Aspen Valley Land Trust.
2. The Applicant constructed a cabin on the Argenta and Yankee claims in approximately 1986 without
land use approval or a building permit. The Applicant has committed to demolish the cabin by July 1,
2009. He agrees to restrict the parcel to prohibit future development, in order to obtain one TDR that
will be used on the Flying Dog Ranch property, based on the approvals granted in BOCC Resolution
No. 008-2008. The 10 acres to be subdivided and retained by the Applicant are not subject to the
Conservation Easement. The fathering pazcel development right associated with the 103 acre parcel
remains attached to the 10 acre parcel. Given that the property is within the Rural/Remote zone district,
the development right is eligible to be transferred off of the property.
3. The property is zoned RuraURemote and contains app~cimately 103 acres.
4. The property is located above Lenado and is described in Exhibit A. The 93 acres to be conveyed to the
County are subject to a Conservation Easement held by Aspen Valley Land Trust (recorded as reception
#555247).
5. The BOCC reviewed the application at a duly noticed public hearing on January 14, 2009, at which time
evidence and testimony were presented with respect to this application.
6. The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County
Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin
County, Colorado, that it does hereby approve the Stranahan Subdivision Exemption to create an open space
parcel, subject to the following conditions, which shall run with the land and be binding on all successors in
interest:
1. The applicant shall submit a Subdivision Exemption Plat to the Community Development Department
for approval and recording, within 90 days of approval.
2. The cabin on the Argenta and Yankee claims shall be demolished by July 1, 2009. The Applicant
shall obtain a demolition permit from the County; prc~i-to commencement of demolition. The permit
application shall include a restoration plan; financial security shall be required to ensure the success
of the restoration.
Z
Resolution No. _-2009
Page 2
3. Once the demolition is complete and the restoration plan has been implemented, the Applicant may
obtain one TDR from the County, subject to recordation of a Restrictive Covenant prohibiting future
development on the pazcel.
4. The Applicant shall adhere to all conditions and material representations made in the application and
public meetings except as amended herein.
PUBLISHED IN THE ASPEN TIMES on the 7`" day of December, 2008.
APPROVED AND ADOPTED this 14~' day of January, 2009.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLOnRADO
By `-1/' ~C~ L
Patti Kay-Clapp ,Char
T: ~ ~7~
Date @ 1- off- T-
Je ette Jones, Clerk the BOCC
PROVED AS TO FORM: APPROVED AS TO CONTENT:
J n Ely, County Atto Cindy Houben,
Community Development Director
264110200006
P138-OS
9
EXHIBIT "A"
reel 1:
Lode Mining Claim U.S.M.S. No. 6648, according to the United States Patent recorded
Au 26, 1949 in Book 175 at Page 293 as Reception No. 96822.
Parce
Brittle Sit uthority, Hard Money, Black Diamond and Old Sol Lode Mining Claims, USMS
No. 5613, a g to the United States Patent recorded October 23, 1891 in Book 39 at Page
45 as Recepti .44271.
and
An undivided 27/48a' i t in the Silver Dollaz and 203/432nd interest in Matchless Lode
Mining Claims, U.S.M.. 5955, according to the United States Patent recorded August 26,
` ~1 r 1949 in Book 175 at Page Reception No. 96823.
Parcel 3:
Keystone, H.B.P., Grey Lime, Puzzle, San Juan, San Franoisco, Eastern, Spar, J.M.P., and West
one-half of the Argenta and Yankee Lode Mining Claims, U.S.M.S. No. 5998, according to
the
United States Patent recorded October 24, 1946 in Book 171 at Page 175 as Reception No.
94331.
EXCEPTING THEREFROM the East one-half of the Argenta and Yankee Lode Ivfining
Claims, U.S.M.S. No. 5998, according to the United States Patent recorded October 24, 1946 in
Book 171 at Page 175 as Reception No. 94331.
reel 4:
ean Lode Mining Claim, U.S.M.S. No. 4164, according to the United States Patent
reco .October 24, 1946 in Book 171 at Page 183 as Reception No. 94338.
Ala H. ie F. Lode Mining Claims, U.S.M.S. No. 5055, according to the United States
Patent reco ctober 24, 1946 in Book 171 at Page 172 as Reception No. 94329,
Moonlight, Littl 'e, R.M.N., and L.W. Lode Mining Claims, U.S.M.S. No. 5106, according
to the United State nt recorded October 24, 1946 in Book 171 at Page 179 as Reception No.
94334.
Capt L.V.F., U.S.M.S. No, according to the United States Patent recorded October 24,
1946 in Book 171 at Page 1 eception No. 94332.
Ordw Number: 1 f907-C3 'stewart
ALTA Commitrven[ (fi/17/06)- Schedule A L.~
Page 3 of 4
ountain Quail, U.S.M.S. No. 5215, according to the United States Patent recorded October 18,
9 in Book 175 at Page 150 as Reception No. 96977.
Pa
North and Red Pine bode Mining Claims, U.S.M.S. No. 5216, according to the United
States Pa corded October 24, 1946 in Book 171 at Page 182 as Reception No. 9433b.
Ophir Belle, 'er, Buckeye, Jean Pau[, and Blue Ledge, U.S.M.S. No. 5799, according to the
United States P ecorded October 24,1946 in Book 171 at Page 177 as Reception No.
94333.
County of Pitidn, Stat olozado
Order Numbs: 11909-C3 A
ALTA Commihuent (6/17/06J- Schedule A r }iqe guaranty oomparry
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