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HomeMy WebLinkAboutbocc.res.081.2010RECEPTION#: 572586, 08112I20'10 at 11:48:02 AM, 1 t�F 2, R$0.00 Doc Code RESOLUTIOIU Jaraice K. Vas Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY CONIMISSIONERS OF PITHIN COUNTY, COLORADO, APPROVING THE SANTUCCI APPEAL OF ADIVIIl�iISTRATIVE DETERNIINATION No. 09-2010 Resolution No. ��2010 RECITALS � 1. Elaine and Vincent Santucci ("Appellants") have appealed Administrative Determination No. 09-2010, which approved the Lot 5 EP, LLC Subdivision Exemption for a Minor Plat Amendment and a Minor Amendment to a Development Permit, to allow, among other improvements, a second driveway outside of the platted building envelope. 2. The parcel is located at 360 Eagle Pines Drive, and is more specifically described as Lot 5, Eagle Pines Subdivision. PID#2735-101-01-005. 3. The parcel contains 7.93± acres and is a non-conforming sized parcel in the AR-10 zone district. 4. The Community Development Director granted approval of the Lot 5 EP, LLC Subdivision Exemption for a Minor Plat Amendment and a Minar Amendment to a Development Permit pursuant to Administrative Determination No. 09-2010, after consideration of the application and the subsequent Access Permit was issued. 5. The Board of County Commissioners of Pitkin County ("BOCC") heard the appeal request at regular meetings on May 12, 2010 and June 23, 2010 at which evidence and testimony were presented with respect to this appeal. 6. The BOCC finds that staff made an error in the Administrative Determination and the determination should be modified to limit the use of the second driveway to emergency access only. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it hereby approves the Santucci Appeal of Administrative Determination No. 09-2010, subject to the following modifications, which shall run with the land and be binding on all successors in interest with the following conditions: 1. All terms and conditions of Administrative Determination No. 09-2010, shall remain in full force and effect except as amended herein. 2. Effective June 23, 2010, the use of the second driveway on Lot 5, Eagle Pines Subdivision shall be restricted to access by emergency vehicles only. 3. Within 60 days of this approval, the property owner of Lot 5, Eagle Pines Subdivision shall either: (a) render the second driveway inaccessible from the driveway used by Lot 6, Eagle Pines Subdivision for any vehicular purposes by removing the second driveway or blocking access to it with landscaping (e.g., trees or berming) approved by the Community Development Director; or BOCC Resolution No.�� -2010 Page 2 (b) Commence and proceed through the approval process described in Section 4 below. If the property owner of Lot 5, Eagle Pines Subdivision chooses option (a) above and later desires to permit use of the second driveway for emergency vehicles only, then it shall first go through the approval process described in Section 4 below. 4. Annroval Process. To obtain final approval for use of the second driveway for emergency vehicle access only, the property owner of Lot 5, Eagle Pines Subdivision shall: A. Submit plans to restricdcordon off the second access/driveway to the Community Development Directar for approval; B. Submit and obtain a permit for the aforementioned restriction device within 30 days after approval by the Community Development Directar; C. Within 30 days of installation of the restriction device and prior to submission of any future building permit applications, the property owner of Lot 5, Eagle Pines Subdivision shall be required to submit for approval by the County Attorney and Community Development a Site Plan indicating the location of the driveway restriction device in accordance with Land Use Code Section 2-30-20(g) and Application Manual Sections 21.1 and 21.12. The above referenced approvals shall be a condition precedent to finalization and recordation. APPROVED ON THE 23 DAY OF JUNE, 2010. ATT�ST: Jones Clerk,f6 the BOCC APPROVED AS TO FORM: ^ S . ._ . . ���� J�ohn� �E �- u-�nty Attorney Case: P019-2010 PID# 2735-101-01-005 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO �� � B, �J Georg� �um�l�`�air}�er �on Date // � CJ � / APPROVED AS TO CONTENT: , . �. (�..�e ��� � c�{ Cindy ouben, Community Development Director /