HomeMy WebLinkAboutbocc.res.079.2011 RECEPTION#: 582706, 09/13/2011 at
02:32:12 PM,
1 OF 3, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING THE STURZ REQUEST FOR AN EXTENSION OF VESTED
REAL PROPERTY RIGHTS
Resolution No. ,M -2011
RECITALS
1. Paul Sturz ( "Applicant ") has applied to the Pitkin County Board of County Commissioners ("BOCC")
to request a 3 year extension of vested property rights.
2. The Lot is located off West Sopris Creek Road and is generally identified as Lot 6 of the non -BOCC
approved Sopris Mountain Ranch Subdivision. PID # 246528301004 (Legal Description,
Attachment A).
3. The Lot is zoned RS -30 and contains approximately 35acres.
4. Lot 6 is part of a conglomerate 1041 Hazard Review for Sopris Mountain Ranch pursuant to BOCC
Resolution 91 -171 (Reception No. 348646). Lot 6 could not comply with the ridgeline condition in this
Resolution and requested an amendment to the Resolution. The BOCC denied this request pursuant to
Resolution No. 78 -2007 (Reception No. 544549) citing that another area was available on the property
to develop that would not obstruct a ridgeline. After this denial, the Applicant submitted an Activity
Envelope and Site Plan application for this area, north of West Sopris Creek Road. Certain concessions
were made in this application in the form of reduced building heights. This approval was recorded at
Administrative Decision No. 70 -2008 (Reception No. 551568). The Site Plan associated with this
approval was recorded at BK 88 PG 90. A variance was granted from the front yard setback of the Lot
pursuant to BOA Resolution No. 13 -2008 (Rec. No. 554016).
5. The BOCC heard this application at a duly noticed public meeting on August 10, 2011 at which time
evidence and testimony were presented with respect to this application.
6. The BOCC fmds that the proposal has shown compliance with section 2- 20- 170(d) of the Code and
further finds that extending the vested rights for the approval will not violate the current Land Use Code
if conditions outlined below are adhered too.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby approve the Sturz Extension of Vested Rights for a 3 year period subject to the following
conditions:
1. The Applicant shall adhere to all material representations made in, or in connection with, the
application.
2. All provisions of Administrative Decision No. 70 -2008 (Reception No. 551568) and the Site Plan
recorded at BK 88 PG 90 shall remain in effect for the vesting period specified in condition #3 with
the following addition:
•
"The future residence shall be limited to 21' in height measured to the midpoint of the
roof The future garage is limited to 20' in height measured to the midpoint of the roof"
3. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 2 -20 -170 and C.R.S., § 24 -68 -105. Vested rights shall expire on August 10, 2014.
4. As authorized by Pitkin County Land Use Code Section 2- 20- 170(d), Lot 6 shall remain exempt from
the activity envelope and site plan review requirements of Section 7 -10 -50 of the Land Use Code
until the vested rights, as extended by this Resolution, expire. If at building permit submittal, the
proposed development is not consistent with the previous Administrative Decision described above
in Condition #2, further review may be required.
5. Failure to comply with the conditions of this approval may result in revocation of permits.
APPROVED on the 10 day of August, 2011.
PUBLISHED AFTER ADOPTION FOR STED REAL PROPERTY RIGHTS in
the Aspen Times Weekly on the j3'�'day o 4.04 4,2011.
ATTE. T: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORAD •
I
_ " ./ - ' li - ,es Rach; Richards, Chairwom.
Cler to the BOCC ''`
Date: CJ ! O 1
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LK, cexr cif
John Ely Cindy Houben,
Co - orney Community Development Director
Case #PO47 -11
PID: 246528301004
Resolution No. � -2011
Page 2
Attachment A
Legal Description
Subdivision: SOPRIS MOUNTAIN RANCH Lot: 6 Section: 28
Township: 8 Range: 87 PARCEL 6 PARCEL OF LAND IN SEC
€28 8 87 BK 30 PG 29 BK
1702 PG 725 PARCEL CONT 52.0 AC LESS 2.92 AC= NET 49.17:
jAC & AREA 49.17 AC AKA PARCEL 6
3