HomeMy WebLinkAboutbocc.res.060.2002 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,APPROVING AN APPEAL BY BRAD ZANIN OF AN ADMINISTRATIVE
DECISION WITH REGARD TO CONSTRUCTION OF A BARN
Resolution No.OM-2002
RECITALS
1. Brad Zanin("Applicant")has applied to the Board of County Commissioners of Pitkin County,
Colorado ("BOCC")to appeal staff s determination that the floor area limitation on the parcel prevents
construction of an 1,800 square foot barn. Staff asserted that a barn could not be constructed, since pursuant
to the provisions of Section 3-1909 from the 1994 Code, agricultural buildings count towards the total
allowed square footage on parcels of less than 20 acres, and the proposed residence utilized the total
allowed floor area of 4,000 square feet.
2. The property is located at 5084 Snowmass Creek Road,and is more specifically described as Parcel
B, Snowmass Trust Subdivision.
3. The parcel is zoned RS-30/PUD and contains 8.2 acres.
4. The parcel was created in order to settle a marriage dissolution. The BOCC supported the settlement
and found the division of land not inconsistent with the policies in the Land Use Code, based on various
findings that are listed in BOCC Resolution No. 94-165. One of the findings was that Parcel B would be
restricted to occupancy and ownership by a County resident and that the size of the structure would be
limited to a maximum of 4,000 square feet. These limitations were memorialized in a Deed Restriction
that was recorded as Reception No. 384849, and the revised Deed Restriction recorded as Reception No.
399313. The following provision was included in the original and the revised Deed Restrictions:
The maximum size of a residential dwelling unit on Parcel B shall be limited to 4,000 square feet,
calculated according the requirements of the Pitkin County Land Use Code in effect on
September 13, 1994.
5. The Applicant has submitted a building permit application for a single family residence that contains
3,996 square feet of floor area(or 9,848 square feet including subgrade, garage and crawl space).
6. The BOCC heard this request at a regular meeting on April 10, 2002, at which time evidence and
testimony was presented with respect to the application.
7. The BOCC finds that a barn is permitted in addition to the 4,000 square feet of floor area for the
residential dwelling unit, since the"floor area"definition in the 1994 Code does not specify that
agricultural buildings would count towards the total allowed square footage on a parcel of less than 20
acres.
NOW,THEREFORE,BE IT RESOLVED by the BOCC that it hereby approves the Zanin Appeal
of an Administrative Decision regarding construction of a barn, subject to the following conditions,which
shall run with the land and be binding on all successors in interest:
1. The barn shall be limited to 1,800 square feet.
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Resolution NoAk-2002
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2. No additional square footage is permitted on the property in addition to the 4,000 square feet of floor
area for the residence and the 1,800 square feet for the barn, except by special review and utilization
of TDRs.
3. Dogs shall be kenneled.
APPROVED on the 10`"day of April, 2002.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By �6M
ATTEST: Patti Kay-CI per, Chair'
Date Oil- 2.2- 02
ynde R. Dean
Clerk to the BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, - Cindy Houben,
Cou ttomey Community Development Director
P197-01
264514101002
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