HomeMy WebLinkAboutbocc.res.136.2002 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
DENIAL OF EUBANKS APPEAL
RESOLUTION# 136 -2002
Recitals
1. Bill and Bonnie Eubanks have brought this appeal regarding the disposition of a
development permit application for Lot 2 of the Hefner Subdivision, located on Shadow
Mountain in unincorporated Pitkin County.
2. The Hefner Subdivision is a Board-approved subdivision as a result of a Court
ordered stipulated settlement of litigation involving Pitkin County. See Exhibit 3.
3. At the time of the Court ordered settlement, Lot 2 was improved with a residential
structure of 5,738 square feet which remains on the property today.
4. The current owners of Lot 2, the Eubanks, sought to improve this property with a
second residence located higher up the face of Shadow Mountain. For this contemplated
improvement, the Eubanks were required to file a 1041 Hazard Review and Scenic Review
General Submission Application for a development permit. This application, dated February 14,
2000, was heard by the County hearing officer and denied due to the presence of geologic
hazards as defined in the Pitkin County Land Use Code Section 3-80-050.
5. The Eubanks tiled a request for a takings determination with the Board of County
Commissioners which was denied by the BOCC on November 15, 2002 for the reasons stated in
the Board's denial resolution.
6. The Eubanks filed a lawsuit contesting the validity of the County's 1041 Hazard
Review section of the Land Use Code as applied to their property. They have been denied relief
in this litigation by the Pitkin County District Court.
7. The Eubanks have now filed this appeal pursuant to Section 4-160 of the Land
Use Code, contesting the application of the County's 1041 hazard review regulations to their
property.
8. No applications for development approvals or permits or applications for building
permits have been filed by the Eubanks since their application of February 14, 2000.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado, that the Eubanks appeal is denied for the following:
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RESOLUTION OF THE BOARD OF COUN'rY COMMISSIONERS
/3G -2002
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1. The Eubanks have not timely tiled their request for an appeal following the denial
of their development permit application under either Section 4-160 or Section 3-300 of the Pitkin
County Land Use Code.
2. The terms of the 1983 Stipulation and Order concerning Lot 2 of the Hefner
Subdivision required that building envelopes for both lots created in this subdivision be depicted
on plats prepared for the subdivision. No separately identified building envelope is shown on
Lot 2. The building footprint depicted for Lot 2 must therefore be coterminous with the building
envelope for that lot. Therefore, the Eubanks request is for the establishment of a new building
envelope on Lot 2.
3. The creation of the proposed new building envelope requested by the Eubanks is
in violation of Section 3-80 of the Land Use Code as previously determined by the Pitkin County
hearing officer. No exemption exists in the Land Use Code that would Ilow the Eubanks
request to proceed without compliance with the requirements of Section-80.
APPROVED AND ADOPTED ON THE z��r' r/DAY OF,-��JIIJJJ,� 2002.
PUBLIS E� FTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE
DAY OF 2002.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
I �
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Jeanette Jones Patti Kay-Clapper, Chair.Deputy Clerk Date:
APPROVED AS TO FORM:
John M. Ely Cindy Houben
County Att - 6 Director of Community Development
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