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Home My WebLink Aboutbocc.res.086.1979 `. . � .�y ' rt�-..� . - . +i3�sit��r�� . . �-.�5�4.. . . . .. ' . . . . .. ....... -.. �. ,. -.. , . . . .... '4 . . .... :� � f�� Recorded at 11:40 A.M. July 13, 1979 Loretta Banner Recorder Reception No: ,Z16a��8 �'T,�.'�' t r�,_,;�:. �, . . ..iK: ' r, BUOK�,��'f',1GtV�b t • RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ABATING THE USE OF THE ROARING FORK APARTMENTS •s � Resolution No. 79-�_ ' WHEREAS, the Board of County Commissioners did on June 26, 1979, conduct a public hearing to consider the application of the owners of 4 � the Roaring Fork Apartments (a mobile home park) for an exemption from abatement,filed pursuant to Title II, Section 7-1.11 of the Pitkin t t County Code (Land Use Code) and WHEREAS, based on the evidence presented to Board has made certain ' - findings with respect to the application, namely: � 1. This mobile home park was established in 1970 to provide i ' hook-ups for 24 mobile homes. The park is located on =� approximately 1.2 acres (Tract 55, Section 21, T85, R86 W of 6 P.M.) at 7474 Highway 82 in Pitkin County and is owned :i by Robert Carey and Willi.am Sharrouks, Jr. �s ' 2. Although originally a permitted use, the area was rezoned < �a ;s to AF-2 in 1973 and then again to AP'-1 in 1978. Mobile home parks are prohibited uses in both such districts. Consequently the use has been nonconforming since 1973 and subject to the t ':,; provisions of Title II, Article 7 of the Pitkin County Code ? (Land Use Code). "r 3. The owners of the park applied, on June 15, 1978, for an z , exemption from abatement for the reasons stated in their appZication. The application fails (and the owners have ;: subsequently failed) to establish any argument in support of the request except that the owners have not fully depreciate8 �; the capital investment at the time of the application. 4. The application was referred to several County agencies and stafE members including Bob Nelson (County Sanitarian) , Fred Crowley (Building Inspector), Terry O'Pray (zoning enforcement i officer), Pat Dobie (COUnty Engineer), Curt Stewart (County ;; Transportation Director), Mark Danielsen (County Housing Director) and the Basalt and Rural Fire Protection District. � � � ��I 5. Comments were received from most referral agencies and agents, ,; j ; some oE which are contained in various memos, incorporated , : �4�..iS'N'6:.. _." _—_�M,� M:u': . ...... n�Mfb.p�f ._ .�.,.� � ��. �� , :� � ..� kr�J=: . . . . �zS if�:y�'� . . .y:.#K..>,ti§'+ . . . _ . .. . _.., -:.. ... _, , . .,,. . ,. . .. .. . , �, f �. :, � ... .._ ._ _ .. . ,� . �`��tic.f� . ' . r y� �',�.. A::. , eooK 37� encE 6�� .`'�-. t herein by this reference: (a) Memo from Pat Dobie to Jolene Vrchota dated December , ` 20, 1978. ; 1 (b) Memos from Mark Danielsen to the Pitkin County Planning •i � Office dated December 27, 1978 and February 6, 1979. i 3 j --4 + (c) Memo from Bob Nelson to Jolene Vrchota dated January � i 12, 1979. � � ;� 6. In addition, site inspections were undertaken by the County � �-- Sanitarian, Building Tnspector and Basalt Fire Chief. Each � has submitted reports: 1 3� �� (a) The County Sanitarian Reports the following violations of state and local health regulations constituting a � >� hazard to the health and safety of the occupants and � �� general public: 3 i� 1) Steep grades, narrow road conditions and lack � of snow removal result in a failure to provide � �i convenient access and allow for the.free �i movement of vehicular traffic, emergency vehicles i i,, and service vehicles. � �� 2) Mobile Home lots in the park are� not provided _ , � direct access to a park street. � ;, 4' 3) Several of the mobile homes, while unoccupied, , � abut less than ten (10) feet on the longest � �% sides. � �� n � � 4) Mobile homes closest to the river lack sufficient ; � support to prevent shifting, uneven settling or � accidental movement by natural causes. f � u 5) There is an accumulation of refuse, debris, trash, discarded appliances and dog droppings � � throughout the premises including lots and the � ~ parking area. � � '�� € 6) There is no convenient readily openable doors " g or panels in skirting to provide for access to � ,f utility connections. u E " � 7) The water supply is not being disinfected as , a result of an inoperative, solution-feed chlorinator. Bacteriological samplinq is � insufficient to comply with 18.1(2) of the primary drinking water regulations for the �i� State of Colorado. �' ,� 8) The park is supplied by a single well and no ' provisions have been made to provide auxiliary � other alternative emergency source should there be a water service interruption. :� s 9) Several water service lines and sewer line � connections fail to extend four (4) inches '� above grade or lack approved shielded riser protectors or concrete collars. t' ;s (b) The County Building Inspector reports the following '� \ � ,i ! -2- � 9 �� 7 _ ''x.;c::;: :'. ' ;� � ` .� i L, . 1 ��§' �: . f�;,,k�''p?'�,'�e __".....�.�..... -;v�;�"FI�' �� ' soax372 �nc�fiQB '`�� ,��,, � violations of state and local. electrical regulations � . � constituting a hazard to the safety of the occupants '3 and general public: � , �� 1} With respect to the main switch gear (service entrance): Wires are exposed to physical damage; there is no main switch on the meter bank, there are - open boxes with conductors and bus bars exposed. g 2) With respect to the�individual trailers within ; the park: + Most have exposed feeder conductors, exposed ` ' wiring, and exposed fuses and wires in the �a - fuse boxes; and service disconnects are not accessible. i ! (c) The Fire Chief of the Basalt and Rural Fire Protection Aistrict reports the following deficiencies constituting �f a hazard to the sa£ety of the occupants and general t ,' public: h ; d it 1) Trailers are too close together and create a � real fire hazard. � 2) No water is available for fire fighting and �, there is no place to retill trucks. � 3) Road access is too narrow for fire trucks. Y 4) The roads are impassable to the lower two (2} i , � levels of trailers during winter months. i 7. The Planning and Zoning Commission has both conducted a site 5 ; inspection (on March 7, 1979) and discussed the application ;i ,z on several occasions. In their resolution No. 79-9, adopted # May 23, 1979, the Commission recommended abatement of the non- �i ~ � conforming use no later than September 1, 1979. � � 8. Testimony of participants at the public hearing also make clear that: (a) All trailers and utility systems in the park are of ;: the same age and none are salvageable without exfensive repair and capital investment. (b) Fire saEety and access cannot be accomplished without major capital investment. (c) The owners of the par.k own no adjacent property such ;i as to afford the opportunity to increase spacing and + otherwise relocating tYte trailers as required. - � (d) The park has a history of repeated problems with trash `i accummulation, water, samitation and electrical problems, and the owners have repeatedly failed to respond to demands to improve and repair the Same, all as required by state and local requlations. i , -3- I ...__._W._�—,,.,-....—.—..-�.�..�_. . c:�.c:i;"i�•:'?�r:'� , �.'� . i ��. � .. . � . vQt;,rlr � . � r �:`+��ra�! --__ ,'z,i��: BOOK� � �;�"'. 7� ►��609 , ,��;. ! WHEREAS, given the foregoing findings, the Board of County Commissioners has concluded that: 1. The Roaring Fork Apartments is a nonconforming use and has been so beyond the 5 year period established in Title II, Section 7-1.9 of the Pitkin County Code (Land Use Code) " for abatement of nonconforming uses. 2. The owners of the park have presented no evidence in support of their application for exemption for abatement except by i stating that their investment has not yet been completely ; amortized ($84,400 to be recovered at the time of the j �� application) and that the project supplie� low income housing � 3 ! £or Pitkin County. 3. The Board, while concerned with the need for low income ? i housing, finds this housing so substandard as to fail to � provide decent housinq for this income level, and should ? � not be maintained solely for this reason. ; 3 4. In addition, the project constitutes a real and substantial + � health and safety hazard to its occupants and the public < � generally. � � 5. And, finally, that several required improvements cannot ` , } be made because of limited land area; and the owners have -i repeatedly failed to make others (and have offered no _ ' 3 assurances of doing so in the future) leaving the Board j to conclude that measures cannot (or. will not} be taken to mitigate the adverse impacts of this nonconforming use. ? s NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners `� of Pitkin County. Colorado, that the Roaring Fork Apartments be abated on or before September 1, 1979. � BE TT FURTHER RESOLVED that the Director of the Pitkin County - Housing Authority assist in the relocation o£ the occupants of the �. park affecte@ by this action to the extent able. •�ADOPTEA by the Board of County Commissioners of Pitkin County, . �,1�r<.. . - 'Col�ra�o'y:�•at� its regular meeting held Ju1y 9, Z979. .1. .. L'. � . � ;,fi � ' � � .1� •� yR �' • � A'1f�E$T:L � o•.. ,n;; % s, r., ai an Deput��.c er � and Recorder ' APPROVED AS TO FORM: i �/<��/,..��/1J�'4��i�/� -4- � , , :.ar:�; .+_ . � . �iy'wi+,.�FJ.:Y ' .