HomeMy WebLinkAboutpitkin.boa.reso.29.2002RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING ARTERIAL HIGHWAY SETBACK VARIANCES
FOR DAVID AND JUDY BAUM
Resolution No. 02 -29
WHEREAS, David and Judy Baum, owners of 25110 Highway 82 are requesting a 165 foot and a
125 foot Arterial Highway setback variances for the construction of berms and a single - family
residence respectively in the AFR -10 zone district; and
WHEREAS, 200 feet is required from the Highway 82 right -of -way; and
WHEREAS, the parcel is more 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
demonstrated.
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 165 foot and a 125
foot Arterial Highway setback variances be granted for the construction of berms and a single -
family residence as shown on Exhibits B and C due to downzoning.
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: September 3, 2002
ATTEST:
Z
tanna S. Sc er, date
ounty Zoning Officer
The Board of Adjustment of
Pitkin County, Colorado
ead, date oa
Chairperson
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Exhibit A
ZE�,.iL. DESCRIPTION
PARcr- C:
Al' that part of Tract 61 situated in Sections 20 and 21, Township 8 South,
'Range 26 peat of the Slsth Principal baridlaa, Pitkin county, Colorado, lying
southvsaterly of the southwesterly right of way line of State Highway Va. 81
and Vcrtha4ztmrIy of the Roa.ring_Fark River, described as follova:
Beginning at a point on Said right of war, line, being also a point o;i the
Northeasterly bank of Bald river, vhence an Iran post vlth a brass cap set for
A.P. Va. 2 of Tract 6S in' said section 11 bears South 61.13' East 1111.SS feet
to the true point of beginning; thence North 49.11'30' feat along the
Xorthaastarly bank of said river;
thonca North 46 °39140• Vast 193.66 fast along the Northeasterly bank of said
river;
thence Narth 6I•C5' West 294.34 feet along the Xortbgastgrly bank of said
rlvar;
Chenco North 76.49'40+ Wast 139.19 fast along the Xaztheasterly bank of said
river;
thonca North 34.51' East 283.38 teet along a fence now cansrrvcted and in
Place to a point on raid Xighway right or way line;
thence South 72.31'20• East 31.23 feet along said right of way line;
thence South 53.01' Last 26,11 fast slang said right of way lino;
thence South 44.30' Ease 616.01 feet along said right of way line;
thence Scuth 17.56' East 111.81 foot along said right of way line;
thonca South 44130' East 96.40 fast along said right of way Zing;
Chance South 46.01' East 176.42 fast along said right of way Sine to the point
of beginning.
EXCEPTZNG FRCX'PAXC$L C DESCRIBED ABOVE;
A parcal of land situated in Tract 64 of section 20, Township 8 South, Range
86 pas= of the Sixth Principal beridian, Pitkin County, Colorado, being more
fully describad es follawa:
Beginning at a point on the 6outhweaterl7 right of way Iina of Colorado State
Highway NO, 821 Bair! point also being on a fence line In place and being a No.
15 'lobar with a Plastic Cap rzs 9184) Bat In eonerats whence A.P. No. I of
Said Tract 61 bears North' 50.46'024 East 2197,97 faet;
thence South 31.57'00• West 140.00 feet along said fence line to a 17a. 5 Rsbar
with a Plastic Cap ps 9Is4) set in concrete;
thence South 71.57'00" bleat 161.78 fast more or -less along said fence line and
extension theraof to the centerline of the Rearing nark River;
Chance North 55.51'00' West 109.49 feet along said centerline;
thonca North 41.05.00• East 293.89 1get along the Easterly boundary line of a
parcel of land described in Book 366 at Page I44 as Racgptlon No, 113187 of
the Plt;Un County records;
thence South 66134.55' East 63.46 feet to ChB point of Aaginning.
ALSO EXCEPTING PROb PARCEL C DESCRIBED ABOVE:
.111 that po_ -tion of subject property conveyed to the Department of
Transportation, Stato. of Colorado, and described in Rule and Order recorded
barch 19, 1996 as Racaption Na. 39I010.
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