HomeMy WebLinkAboutbocc.res.125.2014RECEPTION#: 620213, 05/28/2015 at
f 09:42:21 AM,
1 OF 5, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING THE WARREN CREEK MOUNTAIN LLC MINOR AMENDMENT
TO A DEVELOPMENT PERMIT
Resolution No. jAf -2014
RECITALS
Warren Creek Mountain, LLC ("Applicant"), has applied to the Board of County Commissioners of Pitkin
County, ("BOCC"), pursuant to Section 2-20-150(6) ofthe Pitkin County Land Use Code ("Code"), to amend
condition #I ]A in Administrative Decision No. 50-2006 that prohibits dogs.
1. The property is located at 44010 1-lwy 82, and is zoned AR -10, is approximately 2.5 acres, and is non-
conforming in size. (Legal Description, Atlochment A).
2. The subject lot is part of multiple previous approvals. In 2004, the property received a Special Review
approval for an "Indoor Research Facility" identified as the "Aspen Field Biology Lab" pursuant to
BOCC Resolution No. 101-2004. In tandem with this approval, the Land Use Code was also amended
to identify Indoor Research Facility as a Special Review Use in the AR -10 Zone District. In 2006, a
new owner applied to rescind the Special Review approval for the Indoor Research Facility and
requested the ability to construct a single family residence of 5,750 square feet. This approval was
granted pursuant to Administrative Decision No. 50-2006 (Reception No. 525181). Also, in 2006, the
new owner applied to land a Transferrable Development Right (FDR) to construct an 8,250 square
foot single family residence. The approval was granted pursuant to Hearing Officer Determination
No. 014-2007. In 2010, the new owner submitted an administrative application to eliminate the dog
prohibition and this request was denied pursuant to Administrative Decision No. 60-2010 (Reception
No. 573026). The parcel is currently developed with an 8,250 square foot residence.
3. The Application was reviewed at a regularly scheduled public meeting on November 5", 2014 and a
continued public meeting on December 17"i, 2014 in which time and testimony was given to the
request.
4. The BOCC finds that pursuant to Section 2-20-150(6) the request to amend condition 41 IA in
Administrative Decision No. 50-2006 that prohibits dogs, is consistent with actions taken during
previous development approvals for the property and will not violate any other Sections of the Land
Use Code.
5. The BOCC further finds that the allowance of dogs on the subject property is limited to the
conditions outlined below. The BOCC expressed serious concern about having resident dogs
adjacent to a "nature preserve". If any of the conditions of this approval are violated, the ability to
have dogs on the property will result in notice and a hearing on the possible revocation of this
approval.
6. The BOCC further finds that the allowance of dogs on the subject property in accordance with the
limitations outlined in this resolution, is uniquely tied to the allowance of dogs to be leashed under
human supervision while on the East of Aspen Trail. If a fidure management plan or policy is
Page / of 4
adopted that prohibits dogs on the East of Aspen Trail, this resolution automatically becomes null
and void, and dogs will no longer be permitted on the property.
7. Attachment B of this resolution outlines the perimeter of the kennel and depicts the kennel and fir and
spruce tree plantings.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it hereby approves the Warren Creek Mountain, LLC request for a Minor Amendment to a Development
Permit, subject to the following conditions:
I. Condition #11A of Administrative Decision No. 50-2006 shall be rescinded and
replaced with the following language:
"Dogs are allowed on the property subject to the following:
A. No more than two (2) dogs are allowed and shall be kenneled
within a fenced in area and/or inside the residence;
B. When dogs are outside the kennel or residence, they shall be
leashed and under human supervision;
C. The kennel shall be contained within the existing
lawn/landscaped area, shall be no more than 50' from the
residence, and shall be at least 25' away from the western and
northern property lines;
D. Fir or spruce trees shall be planted to screen the James 11
Smith property from the kennel and shall be reviewed and
approved by the Community Development Director,-
E.
irector;E. The kennel construction and plantings shall be completed by
June P, 2015. A portable kennel shall be used until the new
kennel is constructed, -
F. If any of the conditions of this approval are violated, the
ability to have clogs on the property will be subject to a
hearing for possible revocation;
G. f a .future management plan or policy is adopted that
prohibits dogs on the East of Aspen Trail, this resolution
automatically becomes null and void and dogs are prohibited
on the property".
Page 2 of 4
APPROVED this 17°i day of December, 2014.
APPROVED AS TO FORM:
John Ely,
County. orn
PID9273720400014
P080-14
BOARD OF COUNTY COMMISISONERS
OF PITKIN COUNTY, COLORADO
BY i (YCd4 T— l 1 I
Steven 1'. Child, Chair
Date 7 19 2L"(r
APPROVED AS TO CONTENT:
Cindy Houben,
Community. Development Director
Page 3 of 4
Leal Description
Attachment A
COUNTY .OEPrM]N,`STATE,OFCOLORADO,.,.: '
also kuaiyn by streeCand namber. as 44010 & 44012Hlghway 82; Aspen, CO 81611
Page 4 of 4
- Ri
�gw
U sxynWl qg;n
55 xa x frx3P a �,.Yx��'g� �i �n�tely9 xya i {
dL
Y$y
,ip.v-47<Y9.Yf SEE=_ E• `-
r`3iaxxe FE i EI Y isisrf43�i eni rzras 3` 5
_b
a
e'saysa�3'�s:.a
. x cxanv xu
l�