HomeMy WebLinkAboutbocc.res.099.1999RESOLUTION OF THE PITKIN COUNTY, COLORADO,
BOARD OF COUNTY COMMISSIONERS
APPROVING AN APPEAL OF A BOARD OF ADJUSTMENT DETERMINATION
DENYING A SETBACK VARIANCE FOR AVALANCHE ASSOCIATES
Resolution No. 99- 99
RECITALS
1. Avalanche Associates ("Applicant") has appealed to the Board of County Commissioners of
Pitkin County, Colorado ("BOCC") a Board of Adjustment determination denying a setback
variance at 26812 Highway 82.
2. The Board of Adjustment heard the variance request at a public hearing on March 2, 1999, and
based on the evidence presented, the Board of Adjustment made the following findings:
a) Proper notice procedures, including the notification of all adjoining property owners, was shown
by the Applicant.
b) The required hardship or practical difficulty was not established.
3. The BOCC considered the appeal at a duly noticed public hearing on April 28, 1999, at which
time evidence and testimony were presented.
4. The Board of County Commissioners reversed the Board of Adjustment determination making
the findings that the unique locational constraints of the property do present a hardship for
development and that the public interest is served by permitting the development of a post office
facility at this location within the prescribed Highway 82 setbacks.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby give approval
to the Avalanche Associates appeal of a Board of Adjustment determination denying a Highway
82 setback variance subject to the following which shall run with the land and be binding on all
successors in interest:
1. The post office facility shall be located as shown on the site plan approved as part of BOCC
Resolution No.98-126.
2. If the applicant fails to perform any of the conditions of BOCC Resolution No. 98-126 this
variance approval shall be null and void.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON
THE 27th DAY OF MARCH, 1999.
APPROVED AND ADOPTED ON THE 28th DAY OF APRIL, 1999.
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Resolution No. 99- 9y
Page 2
ATTEST:
eputy Clerk and Recorder
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Leslie J. Lamont, Ch it
DAT
()rQ 1.7? I9Cq
APPROVED AS TO FORM RECOMMENDED FOR ADOPTION
John Ely
Coun orney
G:supportlforms/bdadreso/avass.doc
P37-99
2467-272-00-007
carevm104/22/99
N&ricit?„Ze,i ¢ as q9
Cindy Houben
Community Development Director
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PARCEL A:
Exhibit A
That car_' of Tract 74 of Section 27, Township 3 South, Range 36
West of the Sixth Priacipa: Meridian described as follows:
aeg--r°ag at a point tram 'whence Comer Z of Tract 74, Section
27, Township 3 South, Range 36 West of the Sixth Principal
Meridian, pears North 52° 30' Nest 362,3 fast, -.fence South, 7002'
East 124.3 feet; thence South, :4'29' West 259.0 feet, :her
:North 79':5' Nest 52.7 feet; :hence North 33443' _3eC Nest 75.3
:eec thence North 10'7' East :47.3 !sec; _hence Nor:" 19'11'
East 76.2 feet t: the =Cint of aegihai :g.
E'cce;ti :g all that ;aria' t- :and Lying southerly t the south
7 hounder line as ieac:tiltS.ia teen retarded it Scok 251 at :age
30 _t tie Pi:kit 2_uaty retards.
PARCEL 3:
,[FCA
A ?aresi :z .and situated in Tract No. 74 2;ecc_tt a7, 7cwnsn g
3 South,Range 36 Nest of the 5th ?r' :cina_Meridian _,7_,.
southerly at the southerly right- -way _ite of State Rig way No.
32 art. 'westerly at the easterly .tee of said Tract No. 74.
3egdzniz a: a =Ci :t :n ::e easterly lite at said Sect No. 74
whence an irtr. post with a arm cap _Oland and marked tar Anal*
?ci.t: Nc. 3 at Tract No. 72 in said Sect On 27, hears South 00'
0:'30" Wiest .3. _ feet; tierce North 36°:5'2:" Vest 217.40 feet;
thence North :4'29' 00" East ZE2..34 teat ma a point ant''s
southerly right-of-way lime of said highway; theta* South 59"
19'00" East 252.97 feet along the southerlyright-of-way tine of
said highway; thence 2'7'26 teed along the art at a „ rrs to the
lent having a radius Or 1781.90 _set, the chord at' which hears
South 72'48'34" 3asc _ 7._2 feet :o a point :n the sasc_rly _tee
e2 saiz .rapt Nc. -.4: t.`_eats ;Cut.-. ^. :^_" 'hest _ - :net
aicng _-e _ascar,y Line O2 said Tract Nc. 74 :he :cr-t Of
beginning.
Pit)ci.a County, Colorado.
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