HomeMy WebLinkAboutbocc.res.040.1999RESOLUTION OF THE BOCC OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, DENYING AN EXTENSION OF STATUATORY VESTED REAL PROPERTY
RIGHTS TO SANDUNES LOT SPLIT SUBDIVISION
Resolution No. 99- O
RECITALS
1. Sandunes, L.P., a Tennessee limited partnership ("Applicant") has applied to the Pitkin County
BOCC of County Commissioners ("BOCC") to consider an extension of vested real property
rights pursuant to Section 4-140-030 of the Land Use Code.
2. During the processing of this application, the subject property was sold to a Ms. Susan Horsey.
3. The property is located at 815 West Main Street, on the southwest corner of Main and 7th Streets,
more specifically described in Exhibit A.
4. A 50% Density Reduction Lot Split and 1041 Hazard Review was granted by the BOCC pursuant
to Resolution No. 92-148. Final Plat approval was grated by the BOCC pursuant to Resolution
No. 93-169. Final Plat approval expired on September 28, 1996.
5. The BOCC reviewed the request at regularly scheduled public hearings on January 13th
February 24th, April 14th and August 25, 1999, at which time evidence and testimony were
presented with respect to this application.
6. The BOCC determined that sufficient actions in connection with the initial approval to vest its rights
under the common law with the approved development without further approvals required in the
County. This common law vesting determination is based on the facts as they exist at the present
time, and the BOCC reserves the right to revise its determination in the future if the situation
changes. The BOCC has determined that the proposed development does not meet the criteria
established in Section 4-140-30 of the Land Use Code for statutory vesting, and therefore found the
extension of statutory vested rights to be inappropriate.
NOW, THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby deny the Sandunes, L.P. Extension of Vested Rights.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 3RDTH DAY OF
OCTOBER, 1998.
DENIED ON THE 25TH DAY OF AUGUST, 1999.
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Resolution No. 99- yp
Page 2
ATTEST:
dee R. Dean,
Clerk to the Board
APPROVED AS TO FORM:
John -
Conn �' ' orney
Case #P105-98
PID #2735-123-17-001
carevm109/22/99
BOCC OF COUNTY COMMISSIONERS
OF e ITKIN CO TY, to ORADO
eslie J. Lamo
Chair
Date°. 0, ) Q q ,
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
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PARCEL I
That portion of Lot
2, 1955 in Book 176
of Lots D, E, F, G,
Aspen.
PARCEL II:
EXHIBIT "A"
Sandunes Lot Split
C described in Warrant_r Deed recorded March
at Page 287 as Reception No. 10214 and all
H and I in Block 13, City and Townsite of
A tract of land situate in the SW 1/4:of Section 12, Township 10
South, Range 85 West of the 6th Principal Meridian being more
particularly described as follows:
Beginning at the SE corner of Lot I, Block 13, City of Aspen,
County of Pitkin, State of Colorado, whence the NE corner of
said Lot I bears N. 14 degrees 50 minutes 49 seconds E. 89.73
feet;
thence S. 14 degrees 50 minutes 49 seconds W. 121.87 feet to the
NE corner of Lot 3, Adams Subdivision, County of Pitkin, State
of Colorado thence N. 79 degrees 20 minutes 00 seconds W. 366.85
feet along the North lines of Lots 3 and 1 of said Adams
Subdivision (corner 13 Holden Tract),
thence N. 14 degrees 35 minutes A0 seconds W. 172.00 feet to
corner 14 of the Holden Tract;
thence S. 83 degrees 31 minutes 00 seconds E. 95.71 feet;
thence 5. 74 degrees 30 minutes 00 seconds E. 155.47 feet;
thence N. 15 degrees 30 minutes 00 seconds E. 58.85 feet to line
7-8 Aspen Townsite;
thence S. 55 degrees 16 minutes 00 seconds E. 212.22 feet along
line 7-8 Aspen Townsite to the point of beginning.
County. of Pitkin, State of Colorado
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