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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING APPROVAL OF THE HARDY SUBDIVISION EXTENSION OF
VESTED REAL PROPERTY RIGHTS
Resolution No. 99- it9
RECITALS
I. Gordon Hardy, John Hardy, Christopher Hardy, Susan Suechting and Jeffery Hardy
("Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC") to consider an
extension of vested real property rights pursuant to Section 4-140-30 of the Land Use Code ("Code")
2. The Applicant requests to extend the subdivision's vested property rights for a period of 20 years,
pursuant to the terms and conditions of the original subdivision approvals, specifically including the
maximum allowed floor area of 7,000 square feet.
3. The property is located on the west side of Castle Creek Road approximately 1'/z miles south of
its intersection with Highway 82, and is more specifically described in Exhibit A.
4. The parcel is zoned AFR-10 and contains approximately 121 acres.
5. GMQS allotments for the project's three new single-family dwelling units were allocated by the
BOCC pursuant to Resolution Nos. 94-46 and 94-168. General Submission approval for the subdivision
was granted by the BOCC, pursuant to Resolution No. 94-61. Detailed Submission approval was granted
pursuant to BOCC Resolution No. 95-241. Final Plat approval was granted pursuant to BOCC
Resolution No. 98-34.
6. The vested rights for the development expired on December 6, 1998.
7. The BOCC reviewed the request at a duly noticed public hearing on October 13, 1999, at which
time evidence and testimony were presented with respect to this application.
8. The BOCC finds that the following elements were essential to the approval of the project and will
provide significant benefits to the County: the voluntary 7,000 square foot floor area limitation,
development below allowable density, preservation of agricultural lands, conveyance of an easement for
Resolution No. 99- I ?
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year-round public use along the Midland Flume as it traverses the property to the County, and
encumbering lands above the 8,300 foot elevation with a conservation easement.
9. The BOCC further finds that these elements should be considered part of the approved "site
specific development plan," which meets the Code criteria for an extension of vested rights.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it does hereby grant a reinstatement of vested rights to the Hardy Subdivision,
subject to the following conditions, which shall run with the land and be binding on all successors in
interest:
1. This approval is subject to the terms and conditions of BOCC Resolution Nos.94-46, 94-168, 94-
61, 95-241, and 98-34.
2. The site specific development plan that is vested by this approval includes without limitation the
7,000 square foot allowable floor area for each of the four lots. The floor area shall be calculated
based on the Land use Code regulations in effect at the time of building permit application.
3. The Applicant shall adhere to all material representations made in public hearings and in the
application.
4. The reinstatement of vested rights granted herein shall not become effective until such time as the
Applicant records the Final Plat and the associated documents.
5. The vested rights shall expire ten years from the date of this approval on October 13, 2009.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
11th day of September, 1999.
APPROVED AND ADOPTED on the 13th day of October, 1999.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE
ASPEN TIMES WEEKLY on thej day of A/01 . , 1999.
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Resolution No. 99- )fl
Page 3
ATTEST:
, Deputy ounty Cler
yw ee, Ar>p r%
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BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
Leslie J. L .nt,C air
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Cindy Houben
i&& 97
John E_f=
Community Development Director County Attorney
P108-99
PID #2735-144-00-002
suzannew\pitkin\cases\vre\hardy\reso
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CERTIFICATE OF OWNERSHIP
FaitHiRtf 9
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado hereby certifies that GORDON A. HARDY, as to an undivided
95% interest, JOHN S. HARDY, CHRISTOPHER B. HARDY, SUSAN H. SUECHTING AND
JEFFREY P. HARDY, as to an undivided 1.25% interest each are the owner in fee
simple of the following described property:
LOT 2 AND THE SW 1/4 SE1/4 OF SECTION 14, AND THE NE1/4 NW 1/4 AND THE
NW 1/4 NE1/4 OF SECTION 23, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH
P.M. EXCEPTING THREFROM ANY PORTION OR PORTIONS LYING SOUTH AND EAST OF
THE CENTER LINE OF THE COUNTY ROAD KNOWN AS CASTLE CREEK ROAD, AND
EXCEPT THOSE PORTIONS DESCRIBED IN DEEDS RECORDED IN BOOK 194 AT PAGE
43 AND BOOK 251 AT PAGE 245.
COUNTY OF PITKIN,
STATE OF COLORADO.
ENCUMBRANCES: NONE
Subject to easements and rights of way of record.
This certificate is not to be construed to be a guarantee of title and
is furnished for informational purposes only.
PITKI
BY:
Anianisfrit
jr
authori ¶gnature
COUNT
E, INC.
CERTIFIED TO: � •T 1, 1993 @ 8:30 A.M.
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