HomeMy WebLinkAboutbocc.res.110.2010 RECEPTION #: 573653, 09/20/201 at
02:44:35 PM,
1 R $ 0.00 C RION
J anice OF 3, K. V os Cau dill, Pitkin ode County CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, DENYING THE ASPEN SPORTS CAR CLUB LLC- SPRINT/NEXTEL APPEAL OF
THE DENIAL OF BUILDING PERMIT #0019.2010.PRBK FOR A CELLULAR FACILITY AT
550 RACEWAY DRIVE
Resolution No. 0-2010
RECITALS
1. The Aspen Sports Car Club, LLC and Sprint/Nextel ( "Appellants ") have appealed the denial of
Building Permit #0019.2010.PRBK for a Cellular Facility at 550 Raceway Drive to the Board of County
Commissioners of Pitkin County ("BOCC").
2. The parcel is located at 550 Raceway Drive, and is more specifically described in Exhibit "A ".
PID #2643 - 164 -00 -047.
3. The parcel contains 45 acres and is conforming sized parcel in the RS -20 zone district. The lease area
contains 1,600 square feet.
4. The Board of County Commissioners granted approval of the Aspen Sports Car Club, LLC Special
Review for a Cellular Facility, Activity Envelope and Site Plan with Scenic Protection review pursuant
to Resolution No. 078 -2009, after consideration of the application.
5. The BOCC heard the appeal request at a regular meeting on August 25, 2010 at which time, evidence
and testimony were presented with respect to this appeal.
6. The BOCC finds that there has not been a clear and demonstrable error, an abuse of discretion or denial
of procedural due process in the application of the facts in the record to the standards of the Land Use
Code.
7. The BOCC further finds that the Cellular Facility shall meet Land Use Code Section 4- 30- 40(g)(4),
which requires the tower to be located a distance of at least 200 feet from the structure which was built
as, and remains classified for use as a residence. If the Applicants desire to change the use of the
structure, they shall undergo the appropriate change in use process and address the building and safety
code issues as necessary.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it
hereby denies the appeal of the denial of Building Permit #0019.2010.PRBK for a Cellular Facility at
550 Raceway Drive.
DENIED ON THE 25 DAY OF AUGUST, 2010.
BOARD OF COUNTY COMMISSIONERS
OF P KIN COUNTY, COLORADO
T EST: I
B '
J al . I 4 II ' George wm hair
Je.ilette Jones Clerk , i e BOCC Date G G U
BOCC Resolution No. 111 -2010
Page 2
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, Cindy Houben,
Coun • orn- Community Development Director
Case: P 063 -09
PIN 2643 -164 -00 -047
Oolt a 5o ,,a`'2 o16
EXHIBIT A
Legal Description
Subdivision: MJB WOODY CREEK Section: 16 Township: 9 Range: 85 THAT PORTION OF
THE SE4 OF SEC 16 -9 -85 W CONT 45 ACRES OF LAND MORE OR LESS BK 199 PG 162
SEE DEED IN BK 389 PG 176 PITKIN COUNTY RECORDS BK 456 PG 67
3