HomeMy WebLinkAboutboa.deter.001.2012RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING ARTERIAL HIGHWAY, FRONT AND SIDE YARD
SETBACK VARIANCES FOR
800 BRUSH CREEK ROAD
Resolution No. 01 -2012
WHEREAS, Touchdown Snowmass Partnership, Ltd, owner of 0800 Brush Creek Road, is
requesting approval of Arterial Highway, Front and Side Yard setback variances where 100 feet is
required from the Brush Creek Road right -of -way, 100 feet is required from the front lot line, and
50 feet is required from the side lot line, to permit a ranch gate that was constructed without a
permit; and
WHEREAS, the lot contains 35+ acres and is located in the LIR zone district; and
WHEREAS, the property 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
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 Setback variances be
granted to allow the ranch gate constructed without a permit (See Exhibit B) to remain, due to
topographic 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: January 3, 2012
ATTEST:
z
J� nna S. Scha n r, ate
Pitkin County Zoning Officer
Parcel ID# 264328300006
Rick Head, Date
Co- Chair, Board of Adjustment
RECEPTION #: 585693, 01/06/2012 at
11:56:36 AM,
1 OF 4, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
LEGAL DESCRIPTION OF THE PROPERTY
A tract of land situate in Sections 28 and 29, Township 9 South, Range 85 West of the 6`h Principal
Meridian being more particularly described as follows:
Beginning at the point of beginning of that parcel described in Quit Claim deed recorded as
Reception No. 396620 of the records of the Clerk and Recorder of Pitkin County, Colorado, whence
the NE corner of said Section 29 bears N 13'51'49" W2464.35 feet; thence S 16'07'04" E 33.04 feet
long the east line of said parcel described in Reception No. 396620 to the TRUE POINT OF
BEGINNING; thence S 16 °07'04" E 1728.02 feet along the east line of said parcel described in
Reception No. 396620; thence S 73'52'56" W 300.00 feet along the southeasterly line of said parcel
described in Reception No. 396620; thence S 21'59'38" W 729.98 feet along the southeasterly line
of said parcel described in Reception No. 396620; thence S 85 °01'06" W 927.20 feet along the
southerly line of said parcel described in Reception No. 396620; thence N 11'54'5111 E 806.30 feet
along the westerly line of said parcel described in Reception No. 396620; thence N 53 057'24" E
1044.76 feet along the westerly line of said parcel described in Reception No. 396620; thence N
16010'13" W 888.28 feet along the westerly line of said parcel described in Reception No. 396620
to the southerly right -of -way fence of Brush Creek Road; thence 117.70 feet along the arc of a curve
to the left, having a radius of 1208.49 feet, a central angle of 5 °34'49 ", and subtending a chord
bearing N 44 °40'51" E 117.65 feet more or less along said right -of -way fence; thence N 41'53'26"
E 76.79 feet more or less along said right -of -way fence; thence 149.28 feet along the arc of a curve
to the right, having a radius of 981.36 feet, a central angle of 8 °42'56 ", and subtending a chord
bearing N 46 °14'55" E 149.13 feet to the TRUE POINT OF BEGINNING, said parcel contains
35.219 acres more or less.
A tract of land situate in Sections 28, Township 9 South, Range 85 West of the 6' Principal
Meridian being more particularly described as follows:
Beginning at a point whence the NE corner of Section 29 of said Township and Range bears N
07 038'52" W 2621.14 feet; thence S 16'10'13" E 888.28 feet; thence N 39 °30'42" W 186.33 feet;
thence N 42'04'42" W251.32 feet; thence N 75'08'10" W 19.10 feet; thence N 160 10'13" W 396.63
feet to the southerly right -of -way fence of Brush Creek Road; thence N 51 °47'26" E 126.13 feet
more or less along said right -of -way fence; thence 91.11 feet along the arc of a curve to the left,
having a radius of 1208.49 feet, a central angle of 4 °19'11", and subtending a chord bearing N
4903751" E 91.09 feet more or less along said right -of -way fence to the point of beginning, said
parcel contains 2.865 acres more or less.
1
and
An easement for access and utilities situate in Sections 28 and 29, Township 9 South, Range 85 West
of the 6' Principal Meridian being 40 feet in width and lying 20 feet on each side of the following
described centerline:
Beginning at a point on the south right of way line of Brush Creek Road whence the NE corner of
said Section 29 bears N 00 °03'50" W 2943.55 feet; thence S 09 °06'58" W 72.42 feet; thence N
86 ° 00'00" E 253.93 feet to the point ending whence said NE corner of Section 29 bears N 04'40'31 "
W 3007.35 feet.
County of Pitkin, State of Colorado
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