HomeMy WebLinkAboutbocc.res.106.2002 469402
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SILVIR
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO,APPROVING THE CHAPARRAL HOMESTEAD 3 SPECIAL
REVIEW,GMQS EXEMPTION,1041 HAZARD REVIEW AND AMENDMENT TO A
DEVELOPMENT PERMIT FOR WOODY CREEK VENTURES,LLC
Resolution No.&L-2002
RECITALS
I, Woody Creek Ventures,LLC("Applicant")has applied to the Board of County
Commissioners of Pitkin County,Colorado("BOCC")to amend the prior approvals in order to
preserve,rather than demolish,an historic dwelling(the"White House")on Homestead 3,which
requires Special Review and 1041 Hazard Review approval and GMQS Exemption for one
additional single family dwelling on a lot containing an historic structure. The Applicant proposes
to maintain the structure on-site along with the previously approved new residence to be constructed
on the lot, and to exclude the floor area of the White House(approximately 2,500 square feet)from
that available to Homestead 3 and Chaparral Aspen as a whole. This approval would allow the
White House as a second free market residence on Homestead 3.
2. The"White House"on Homestead 3 was originally identified as having been built in 1960,
thereby having no historic value, and was,therefore,approved for demolition and replacement as
part of the Settlement Agreement. However,further investigations have demonstrated that the
White House was actually constructed between 1916 and 1918.
3. The lot is zoned RS-20/PUD and contains 40.845 acres.
4. The lot is described as Homestead 3, Chaparral Aspen
5. The Board of County Commissioners("BOCC")approved the Braun Ranch Settlement
Agreement pursuant to Resolution No. 158-2000. The subdivision exemption plat and 1041 hazard
review site plan were recorded in Plat Book 58 at Page 41. The SettlementAgreement provided a
growth management exemption to demolish the White House and replace it with a new single
family residence, since the White House was originally identified as having been built in 1960,
thereby having no historic value. However,further investigations have demonstrated that the White
House was actually constructed between 1916 and 1918,and has significant historic value.
6. The BOCC reviewed the application at a duly noticed public hearing on June 12,2002, at
which time evidence and testimony were presented with respect to this application.
7. The BOCC finds that the White House has historic value,and supports the provision of
incentives to preserve and restore the structure.
8. The BOCC further finds that utilization of the growth management exemption for an
historic structure rather than the exemption for a replacement structure does not contradict the
Settlement Agreement and is consistent with the Settlement Agreement's treatment of other historic
structures on the property.
9. The BOCC further finds that the application is generally consistent with the applicable
provisions of the Pitkin County Land Use Code.
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Resolution No.��-2002 Page: 2 of 3
NOW,THEREFORE,BE IT RESOLVED by the BOCC that it does hereby approve the
Chaparral Aspen Homestead 3 Special Review,GMQS Exemption, 1041 Hazard Review and
Amendment to a Development Permit,subject to the following conditions,which shall run with the
land and be binding on all successors in interest:
I. All conditions of BOCC Resolution No. 158-2000 and the Settlement Agreement shall
remain in full force and effect,except as amended herein.
2. Within 90 days of this approval,the Applicant shall execute and record a deed restriction
requiring preservation and restoration of the White House in its existing location. The deed
restriction shall be reviewed and approved by the Historic Preservatim Officer and the
County Attorney prior to recordation.
3. The Applicant shall amend Paragraph 7.03.07 of the Declaration of Protective Covenants
for Chaparral Aspen to include the White House,and to specify that the White House will
be preserved in its existing location.
4. The Applicant shall adhere to all material representations made in the application or in
public meetings or hearings and shall consider those representations to be conditions of
approval,unless amended by other conditions.
5. As an amendment to the Settlement Agreement,this approval is subject to the statutory
vested rights established for Chaparral Aspen pursuant to Resolution No. 158-2000.
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 11th day
of May,2002.
APPROVED AND ADOPTED this 12th day of June,2002.
PUBLISHED AFTER AD PTION FOR VESTED REAL PROPERTY RIGHTS in
the Aspen Times Weekly on the day of S V N�,2002.
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BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
By4 � i:
Patti Kay-Cl per,Chair
ATTEST:
Date
441111z /A40vw
Y
n e R. Dean,Clerk to the gdCt
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John El iirtC Attorney Cindy Houben,
Community Development Director
Case#P062-02;PID#264310201003