HomeMy WebLinkAboutbocc.res.061.2002 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,APPROVING AN APPEAL BY ED AND CHERIE BOOHER OF AN
ADMINISTRATIVE DECISION REGARDING EXPIRATION OF THE CONCEPTUAL
SUBDIVISION APPROVAL
Resolution No.00-2002
RECITALS
1. Ed and Cherie Booher("Applicant")have applied to the Board of County Commissioners of Pitkin
County, Colorado(`BOCC")to appeal staffs determination that the conceptual subdivision approval has
expired,and,therefore,that the final plat application cannot be processed.
2. The property is located at 145 High Country Lane(aka Hoaglund Ranch Road),and is more specifically
described in Exhibit A.
3. The parcel is zoned AFR-10 and contains approximately 10+acres.
4. On January 26, 2000,the BOCC adopted Resolution No. 010-2000,which approved the Booher
Subdivision/PUD Conceptual Submission, GMQS Exemption and 1041 Hazard Review. The approval
was subject to a rezoning of the property to AHP/PUD. On February 9, 2000, the BOCC approved
Ordinance No. 007-2000,which rezoned the property to AHP/PUD, though it was specified that the
rezoning would not become effective until 30 days after publication of the Ordinance(February 19,
2000), and contingent upon recordation of the final plat. The BOCC created the AHP/PUD zone district
to accommodate this project,pursuant to Ordinance No. 004-2000.
5. The BOCC granted an extension of the conceptual submission approval to June 14, 2001, pursuant to
Resolution No. 051-2001. The final plat application was submitted on January 29, 2002.
6. Section 4-70-020(F)(1)(c)of the Land Use Code specifies that the conceptual subdivision approval
expires within one year of approval of the resolution granting conceptual subdivision approval, if an
applicant does not submit a final plat application.
7. 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.
8. The BOCC finds that although the conceptual subdivision approval has expired, an extension of the
deadline to file the final plat application is necessary in this case.
NOW,THEREFORE,BE IT RESOLVED by the BOCC that it hereby approves the Booher
Appeal of an Administrative Decision regarding expiration of the conceptual subdivision approval, and
directs staff to process the final plat application.
APPROVED on the 10" day of April, 2002.
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Resolution No.dk-2002
Page 2
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By
ATTEST: �,Pyatti Kay-Clap er, Chan
Date .2;- V1
dee . Dean
Clerk the BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, Cindy Houben,
Court orney Community Development Director
P025-2002
246720100002
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:Aparcel of land situated in Tract No. 55 and Tract No. 64 in Sections .17, 20in Tavnship 8 South,, Range 86 West of the 6th Principal Meridian, lying
terly of the Center line of a 30 foot lane or roadway described as follows:
Beginning at a point on the Northeasterly right-cf-way of State highway No. 82,
said point being cn the Westerly line of said lane, whence Angle Point No. 4 of
,tract No. 53 in sa-.=•Secticai 17 bears North 06°54'07" bast, 2,678.47 feet;
thence 38001100" FAR, 373.23 feet along the Weste:. ~ lire of said lane;
thence North 45' 16'00" West 128.40 feet;
them North 38°38'00" East, 157.19 feet to a point on the Southerly line of a
ditch as constructed and in place;
thence North 51° 11'00" West, 103.13 feet along the Southerly line of said ditch;
thence North 38°11'00" West, 255.00 feet along the Southerly line of said ditch;
thence North 51620'06" West, 117.72 feet along the Southerly line of said ditch;
thence North 71'48'00" West, 79.00 feet along the Southerly line of said ditch;
thence North 52045100" West, 125.24 feet along the Southerly line of said ditch
to a point whence Angle Point No. 4 of Tract No. 53 in said Secticn 17 beats
South 43'27'19" East, 1,786.53 feet;
thence North 38"01'00" East, 478.24 feet;
thence South 43051'22" East, 896.24 feet to a point in the center of said lane;
thence Soutiapsterly along the center line of said lane to a point on the
Northerly right of way line of said Highway;
thence North 45*21100" West along the Northerly right-of-way of said highway to
the Point of Beginning.
Together with all water and water rights, ditch and ditch rights connected with
or appurtenant to the parcrl of land above described.
Any other provision herein contained to the contrary notwithstanding, no
warranty, express or implied, is given as to the water rights above described.
The water rights are conveyed by quitclaim only.
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