HomeMy WebLinkAboutpitkin.boa.reso.07.2002RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING A VARIANCE FOR TWO MILE RANCH TRUST
Resolution No. 02 -07
WHEREAS, Two Mile Ranch Trust, owners of 3448 Woody Creek Road, are requesting approval
of a height variance to change the grade of a driveway in excess of the 30 inch height restriction for
the construction of a driveway structure; and
WHEREAS, 30 inches is allowed for a 245 acres lot size in the RS -20 zone district; and
WHEREAS, the subject property is described as Lot 15 and those portions of Lots 8, 9, 14, 16 and
17, Situated in Section 23 of Township 9 South, Range 85 West of the 61h P.M. but is fully
described in Exhibit A; and,
WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by
virtue of Title II, Section 7- 10.30, Pitkin County Code (Land Use Code) and Colorado Revised
Statutes, 1973, 30 -28- 118(2) (C); and,
WHEREAS, based on the evidence presented, the Board of Adjustment makes the following
findings:
1. Proper notice procedures, including the notification of all adjoining property owners, has been
shown by the applicant.
2. The required hardship or practical difficulty has been established.
3. Granting such relief will not cause substantial detriment to the public welfare and will not
substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment that a height variance to
change the grade of a driveway in excess of the 30 inch height restriction shall be granted for the
construction of a driveway structure, as shown on Exhibits B and C, due to topographical
hardships.
WARNING: Any violation of the terms of this resolution may result in rehearing and possible
revocation.
The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of
Colorado.
DATED: April 2, 2002
ATTEST:
Conne Bazley, Secretary iam�sTd*ln or Rick He Co- Chairs
Pitkin County Board of Adjustment Pitkin County Board of Adl tment
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PARCELI
PARCEL A
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Lot 15 and those portions of Lots 8, 9, 14, 16 and 17 situate in Section 23 of Township 9
South, Range 85 West of the Sixth Principal Meridian, described as follows:
Beginning at the East Quarter Corner of said Section 23; thence North 83 °15' West
2266.84 feet to an angle point in the boundary of land described in Decree recorded
February 13, 1969 in Book 239 at Page 438 in the office of the clerk and recorder of
Pitkin County; thence South 07° 02' West along said boundary 2230.17 feet to the
Southwest corner of said Lot 17; thence East along the Southerly boundary of said Lot 17
to an angle point in the boundary of land described in Quit Claim Deed recorded January
7, 1965 in Book 211 at Page 126; thence North 81'18' East 411.48 feetplot
Plot
, South 76 °31' East 244.16 feet and North 38°27' East 223.61 feet, all along boundary of
land described in said book 211 at Pace 126 to a point on the Easterly boundary of said
Lot 17; [hence North along said Easterly boundary of said Lot 17 to an angle point in the,
boundary of land described in Quit Claim Deed recorded December 21, 1964 in Book
210 at Page 488, to a point on the Southerly boundary of Lot 15; thence East along the
said Southerly bound.uy of said Lot 15 to the Southeast coiner of said Lot 15; thence
North along the Easterly boundary of said Lot 15 to the point of beginning.
EXCEPTING TI-1 REPROM, a strip of land sixty feet in width being thirty feet on each
side of the center tine of a road through and across the Northeast Quarter of said Section
23 as described, to the Woody Creek Road Company, in quit claim deeds recorded
September 28, 1891 in Book 93 at page 292.
PARCEL B
ALSO, a parcel of land situate in Section 24 of Township 9 South, Range 85 West of the
Sixth Principal Meridian described as follows:
The North Half of the Northwest Quarter of the Southwest Quarter; the Southeast Quarter
of the Northwest Quarter of the Southwest Quarter; the South Half of the Northeast
Quarter of the Southwest Quarter; the Northeast Quarter of the Southeast Quarter of the
Southwest Quarter; the Southeast Quarter of the Northwest Quarter of the Southeast
Quarter, the North Half of flit Southwest Quarter of the Northeast Quarter of the
Southeast Quarter; and the North Half of the North Half of the Southeast Quarter of the
Southeast Quarter.
EXCEPTING THEREFROM, a strip of land sixty feet in width being thirty feet on each
side of the centerline of a road through and across the West Half of said Section 24 as
described in Quit Claim Deed to Woody Creek Toll Road Company recorded September
28, 1891 in Book 93 at Page 289.
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SILVIA DAVIS
PARCEL C
ALSO, H.E. Survey No. 210, embracing a portion of Section 24 in Township 9 South of
Range 84 West and Sections 19 and 30 in Township 9 South, Range 84 West of the Sixth
Principal Meridian, more particularly described as follows:
Beginning at Corner No. 1 identical with the corner to said Sections 24,19 and
30; thence South 89 °53' West 10.50 chains to Corner No. 2;
thence North 03 °02' East 9.91 chains to Comer No. 3;
thence North 89 °50' East 10 chains to Corner No. 4;
thence North 00 °06' East 0.71 chains to Corner No. 5;
thence South 89 °38' East 1.71 chains to Comer No. 6;
thence South 51 °07' East 21.47 chains to Coiner No. 7;
thence South 31 °10' East 11.41 chains to Comer No. 8;
thence North 71 °23' West 21.97 chains to Comer No. 1;
the point of beginning.
EXCEPTING from the above Parcels A, B and C land conveyed to Cora Louise Natal,
Dennis Stanley Natal and Ronald Matthew Natal by Warranty Deeds recorded March 7,
1956 in Book 506 at Page 750 under Reception No. 276168.
PARCEL H
ALSO, real property in Township 9 South, Range 85 West of the 6t" Principal Meridian
in Section 23; Lot 15, and a tract of land described as follows: Commencing at the East
Quarter Corner of said Section 23; thence No. 82 044' W. 2131.3 feet; thence South 155.7
feet; thence East 1221.4 feet to the point of beginning.
AND in Section 24: NWl /2 NWl /2 SW1 13
PARCEL III
ALSO, real property in Township 9 South, Range 85 West of the 6a' Principal Meridian
in Section 24: El /2NW1 /2SW1 /2SE1 /2; NEl /2SW1/2SE1/2; SEl /2NW1/2SE1/2;
SW1 /2NE1 /2SE1 /2; and W1/2N1 /2SE1 /2SEl /2.
PARCEL IV
ALSO, H.E. Survey No. 210, embracing a portion of Section 24, Township 9 South,
Range 85 West of the Sixth Principal Meridian and Sections 19 and 30, Township 9
South, Range 84 West of the Sixth Principal Meridian, as more particularly described in
Patent No. 527515 dated October 8, 1921, Reception No. 105985 of the Pitkm County
records, and the El/2N1/2N1/2SE1/2SE1/2, Section 24, Township 9 South, Range 85
West of the Sixth Principal Meridian.
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