HomeMy WebLinkAboutbocc.res.081.2010RECEPTION#: 572586, 08112I20'10 at
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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
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B, �J
Georg� �um�l�`�air}�er �on
Date // � CJ �
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APPROVED AS TO CONTENT:
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Cindy ouben,
Community Development Director
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