HomeMy WebLinkAboutbocc.res.144.1996 _ , -,
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39334� 06/04/96 04:04P RG 1 OF F, . REC DOC UCC ���`��`� `:
SILVIA llAVIS PITKIN CQUNTY CLERK~& RECORDER O.Q+Q� �'".���"
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A RESOLUTIOPT O�THE BOARD OF COUNTY = '
COMMISSION£R5 OF PITKIN COUN[1',COLORADO �fi�i� ;,
DEI'£RMINING THAT THE DEVELOPMENT RIGHT GRAN7'ED :� - '�.
TO WILLIAM AND JANEf MORHMAiV BY RESOLUTION NO 96-131 .;,���:• ��.
DOES NOT CONSTITUTE A TAKING OF PAIVATE PROPEKTY � � '� •
Resolution No.96- j��
Recita[s �:.:'?�.
By Aesolution No.96-131 approved on April 10,1996,William and Janet ,�"�'�`' �
Morhman we��e granfed a developnient right for their property located in the Hunter �k�� '
Creek Valley,described as tlie Virginia Pet Lode,Mineral Survey No.4533. The - •
application��equested a 2,280 square foot residence. The Board of County •
' Commissioners approved a developn2ent site that was requested by the Mohrnians.The `�
Board of County Commissioners granted approva!to consh•uct a single family residence `�
consistent with the underSying Rura[and Remote zone. •
On Apri125,1996,the Morhmans i�equested a Takings Determination Hearing �, "
pursuant to Section 4-150.10 of the Pitkin County Land Use Code. The hearing was °.
scheduled before the Board of County Comruissioners on May 8,1996 and was �'�'
continued. . �
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• The hearing was conducted and concluded on May 22,1996. Tesrimony was �
presented from Francis Krizmanich of the Aspen/Pitkin Communiry Development ;i
Department,Cindy Houben,Director of the Aspen/Pitkin Community Development
Department,Scott Bowie of the Aspen Appraisal Group,Williaru Morhman and RH. :;
. Reeves of Appraisal Secvices of Vail,Inc, Exliibits were presented which included the
following: -
I. Letter from Derulis Gceen to thc B.O.C.C.dated Apri125,1996.
- 2. Letter from Dennis Green to the County Attorney dated May 1,1996.
3. Letter from the County Attorney to De►tnis Green dated May 2,1996.
4. Letter from Dencris Green,attorney for Morhmans,submitting materials
required by Section 5-220.10 of the Pitkin County Iand Use Code. �q.
5. Pitkin County Open Space Map
- 6. USGS topographic map of area in which piroperry is located
7. Map of mining claims in the area in which properry is locateci
8. Morhman I041 Hazard Review Map +
9. P.ural and Remote Zone Map r •
10. Ageiida Item Summacy for Morhman Conceptual Subutission
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11. Aypraisal for tUe properry perfornied by the Aspen Appraisa!Group �Z�
12. BOCC Resolution No.96-131,Granting Conceptual Review Approval to �
Bill and Janet Morhman �A--
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13. Rttt�al and Remote Agenda Itena Sunmiaries and Resolutions for BOCC
meetings and public hearings. ,
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14. Deed to Mohrntan property recorcied March 12,I979. ��~
The legal standard ro establish that a taking has occuri�ed under the Rural and
Rettiote Ordinance,by the statutes and Constitution of Colorado and the Constiturion of
the United States is that the owner of a�roperty is deprived of all reasonable use and
economic t�eturn on his property. Hi making its decision the B.O.C.C.shatl consider the '�
value of the pro�erty as a whole boEh before and affec the B.O.C.C.action. The B.O.C.C.
shall consider the beneficial uses that rett�ain on the property as well as the reasonable
invesrinent-backed expectations of the owner. The peroperty owner has the burden of
demonstrating that a taking has occurred. -
� The only written appraisal submitted at the hearing to the B.O.C.C.was by the
� Aspen Appraisal Group which valued the property at$200,000.00 under the Rurai and
j Remote zouing. Under the foruiec zoning,AFR-10,the ptroperty's macket value,uttder
its highest and besE use, as determined by the appt�aisal was$300,000. a
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�� The appi�aisal testimony established that the property owner's allegation that the
Rural axid Retnote Zoning has deprived him of aIl economic and viable use of the
property is unsuppoe�ted.
� ' Testimony regarding the highest and best use of the pcoperty established that
although the Mochmans desire to buiid a residence largec than the 1,000 square
footage allowed in the Rural attd Remote Zone,they are not entitled by Iaw to the most
profitable or highest and best use of the property in determining if a taking has
: occurc�ed. The law does not protect unilateral ambitions for specific property but
insures a property owner of economically viable use of his property. The property was
acquired for$12,500,00 in 1979 and considering the appi�aised value it has
� appreciated approximately I 5%compounded annuRlly since that time.
Base upon the evidence presented before the Board of County Commissioners,
the Boacd has determined Yhat the development approvai granted to the Morhmans
does not deprive them of all viable use of theic properry nor does it deprive them of
their reasonable inveshnent backed expectations. .
� THEREFORE,BE IT RESOLV6D,that the Board of County Coenmissioners of Pitkin
County hereby deteriuines that the development approval granted to William and Janet
� Morliman in BOCC Resolution No.96-131 does not consritute a regulatory taking of
real property.
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INTRODUCED,F[RST READ,AND ADOPfED ON THE FOURTH DAY OF JUNE,1996. . ��;
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PUBLISHED AFI'ER ADOP!'ION[N THE WEEKEND EDITtO[V OF 7'HE ASPEN :�� _
TIMES ON TNE��DAY OF ,I996. ' '.'_ •
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� ATTEST: BOARD OF COUNTY COMMISSIONERS f�```
! OF PITKIN COUNCY,COLORADO r`�,�"
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N�..^f?/i+' �� '....':
e� ette Jones mes R True � .
D uty Clerk Chairman �
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! APPROVED AS TO FQRM: COUNTY MANAGEIZ: �
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John M.EIy Su Konchan �
County Attor
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