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Home My WebLink Aboutbocc.res.123.1979 � . .. .. , - t r :4j�' . ,.,,�.. �:��i. . -,`C�',�y''.q. r F' ,.. � ,.-.._��-`--�� : . . .� . �. �... — ..�. ... . �_.._....... :--..�...ur.,,..��a..'.::c.. .,_.,_.. �:5. - " . ' . . �i Y��.�f�. JY Recorded at 4:35 P.M. Oct 30, 1979 Loretta Banner Recorder Reception No: ��-�� '" �r. - .�.-.�..: ,��;� RESOLUTION OF THE BOARD OF COUNTY e�oK37$ enc��p COMMISSIONERS OF PITKIN COUNTY, COLORADO, ADOPTING VARIOUS AMENDMENTS TO THE LAND USE CODE Resolution No. 79- /aj1J i WHEREAS, the adoption of H.B. 1153, S.B. 150 and H.B. 1011 necessitates adoption (or offers the opportunity to adopt) various amendments to the land use code, all oE which the Board has considered on the affirmative recommendation of the Pitkin County � ; Planning and Zoning Commision, ; NOW, THEREFORE, BE IT RESOLVED by the Board of County - Commissioners of Pitkin County, Colorado that ;� SeCtion 1 + � In response to the requirements o£ x.B. 1153 which state that : �'� mineral rights owners and lessees be identified and be given notice ,, V: of the processing of subdivision applications by the owners of i � i surface rights, that Title TI Section 6-3.2(b) of the Pitkin County y 1 ' �: j ; (Land Use Code) be repealed and reenacted to read as follows: � � ,� "The applicant must provide a certificate from a licensed � title insurance company or attorney, which certificate shall :Y set forth the names and addresses of all owners of the � ' property including all owners of mineral estates, including _ j mineral leasees, mortgages, judgments, liens, easements, . I constracts, and agreements of record in the county which ' � . shall effect the title to such property, and which ; � ; certificate shall reflect that there is an establ.ished 1 ' easement at least 30 feet in width for ingress and egress .`• and utilities to the property from a public road. ; t1' Additionally, the applicant shall provide evidence establishing :p • .� ; this interest and right to use the property. Further, names and addresses of all holders of mineral estates (including � ! , mineral lessees) in the property, and of adjacent land owners (including those separated from the property by a public road or right-of-way) are to be supplied. Property lines are to be shown on a map. Names and addresses supplied !! shall be as they appear upon the pZats or records in the County Clerk and Recorder's Office and as their most reoent addresses may appear in a telephone or other directory of � general use in the area of the property or in the tax t � records of Pitkin County." 3 � And, further, that Section 6-3.4(d) (1) be amended by the addition �i � of a new paragraph to read as follows: ; i "NOtice at the time and place of the hearing shall also be � mailed, by registered mail, not fewer than 5 days prior i thereto, to all owners of mineral estates in the property (including mineral lessees) identified pursuant to Section ` 6-3.2(b) ." � � ' � � t , I i � - 1 - � ° �%::,`�-<�.: `s:�f..:. ;,'- , �. 3 �.. +y:.e.;r•.�;i•,r- .. . , . �y ^, �( r .t. -''.��{ 4��'�;. .. . . '� � .�~s d�y_�� . . . � ' ' . _.::r � �,�1�'�3f4'�}�M' . . . . . w . .;:��i• , � } "�" �yr`. � . . �t :��.�f�,,,. .1 .....'��V.'�`� � �oon3�8 P,5G3.479 Section 2 In response to the recognition of S.B. Z50 of the need to enhance our energy opportunities, that Title II Section j 16-1.3 of the Pitkin County Code (Land Use Code? be amended . ; by the addition of two new sentences to read as follows: � "Tn determining whether difficulties to, or hardship % upon, the owner of such property exist as used in this � section, the adequacy of access to sunlight for solar � energy devices installed on or after January 1, 1980, � may properly be considered. Regulations and restrictions �� ' of the height, number of stories, size of buiZdings and � � other structures, and the height and locations of trees � j and other vegetation shall not apply to existing ! � buildings, structures, trees or vegetation escept for � new growth on such veqetation." h,�h �J �'Zt,r'1 Gt � � n��rfere w�� l�r a.c�e��". And, �urther, that Seation 7-1.6 be amended by the addition of a i � new sentence to read as follows: { "The addition of a solar energy device to a nonconforming J building shall be considered a minor, nonstructural, � alteration; and nothing herein sha11 be construed to S prohibit the installation of solar energy devices," Section 3 In response to the requirements of H.B. 1011 that, prior to �- final plat approval, the County determine that all ad valorem � taxes applicable to the subdivided area are paid, that Title II � Section 6-5.3 of the Pitkin County Code (Land Use Code} be � - ! amended by the a@dition of a new subsection (i) to Section E } 6-5.3 to read as folows: � � I "(i) No plat for subdivided land shall be finally � � approved by the Board of County Commissioners � unless, at the time of final approval, the � subdivider provides certification from the � County Treasurer's of�ice that all ad vaZorem f taxes applicable to such subdivided land have � been paid for all years prior to that in which approval is given." t Ap�vYOVed.by the.�oard of County Commissioners, Pitkin County � . . � i coior�as�, �t its;regular meetinq held October 22, I.979. ! i . �i � . � i � %�r � ' ' � -�,^`i: BOARD OF COUNTY COMMISSIONERS � , 1 f� t_� ,a 1 � OF PITKIN COUNTY, COLORADO � �; . r,`� ; r A�EST:�� ^ 'S'• ' s _. ;;1;. ; ��., °'�� ! �' � ��a�c��, BY" ;. Eliz et Stewart Jo wa , .�; Deputy�Coun�y Clerk � hai an APPROVED AS TO FORM: ��'.,_/�C.�� a�nc�ra M. S u ler County Attorney - 2 - ; ..�,.; . �;;..