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Home My WebLink Aboutbocc.res.140.2002 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,APPROVING AN EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR DUCK MEADOW A LLC AND DUCK MEADOW B LLC Resolution No. I YO-2002 RECITALS l. Duck Meadow A LLC and Duck Meadow B LLC ("Applicant") have applied to the Pitkin County Board of County Commissioners(`BOCC")to consider an extension of vested real property rights pursuant to Section 4-140-30 of the Land Use Code("Code")to construct single family residences of up to 15,000 square feet of floor area on two separate metes and bounds parcels. The vested rights expired on July 14,2002,but the application was submitted prior to that date. 2. The parcels are located 4 miles south of Carbondale on the east of Highway 133 and off of Thomas Road, and is more specifically described in Exhibit A. 3. The parcels are zoned RS-30 and contain 35.398 and 35.932 acres,respectively. 4. The Hearing Officer denied the 1041 Hazard Review and Conceptual Submission for the two Duck Meadow parcels, pursuant to Determination No. 99-9, based on a finding that the proposed driveway crossed slopes in excess of 30%,which is prohibited by the Code. The BOCC approved the application on appeal and rescinded the Hearing Officer's Determination, pursuant to Resolution No. 99- 125, based on the finding that the realignment of the access road should be permitted under the provision of the Code that provides an exception to the prohibition on development on 30% slopes. The 1041 site plan was recorded in Plat Book 53 at Page 2. 5. The BOCC reviewed the request for an extension at a duly noticed public hearing on August 14, 2002, at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that the extension of vested rights is consistent with the applicable provisions of the Land Use Code. NOW,THEREFORE,BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant an extension of vested rights for Duck Meadow A LLC and Duck Meadow B LLC, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. This approval is subject to the terms and conditions of BOCC Resolution Nos.99-125, except as specified herein. 2. Condition#7A of Resolution No. 99-125 shall be replaced as follows: Roofs shall have a non- combustible roof covering on a Class A assembly. Wood shake/shingle roof coverings are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted in 1041 Wildfire Areas unless they comply with the following: A. All roof coverings shall be noncombustible materials as defined in the Uniform Building Code(UBC) 1997 Section 1504 and installed on a Class A roof assembly. IIIIIIQIIIII IIIIII IIIII IIIII II IIIIIIII III IIIII IIII IIII DAVIS PITKIN COUNTY CO R O 472831 Page: I of 4 0//01 20 0.0009:29n SILVI dA Resolution No.17U-2002 Page 2 B. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. C. All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. D. Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1:48. E. All roof designs,coverings,or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. 3. Floor area for each parcel shall be limited to 5,750 square feet exempt from growth management. Additional floor area up to a maximum of 10,750 square feet may be acquired through the use of TDRs. At building permit application,the Applicant shall surrender up to two original Certificates of TDRs and a copy of the deed evidencing the Applicant's acquisition of the Certificates (if applicable), in order to develop more than 5,750 and up to 10,750 square feet of floor area. 4. Prior to issuance of any building permit applications for the residence,the Applicant shall pay the applicable road impact fee. 5. The Applicant shall adhere to all material representations made in public hearings and in the application. 6. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on August 14, 2007. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 13th day of July,2002. APPROVED AND ADOPTED on the 14th day of August, 2002. PUBLISHED AFTER ADOPTION,[OR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY on theJ day of o to rt2002. 472831 1111111111111111111 �1111111111111111111111111111 Page: 2 of 4 0//01//2 02 09:29A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 2 Resolution No. -2002 Page 3 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY,COLORAADO By LY /�iu^- ua" Patti Kay-Clappfdr,Chair ATTEST: n tc '4Rean, Clcrkto the BOCC APPROVED AS TO CONTENT: APPROVED AS TO FORM: Aindy6Hjuben Community Development Director County Attorney P087-02 PID#246327100003/004 472831 9 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII0 1 0/0 1/02 00 00 9.29R SILVIR DAVIS P 3 Exhibit A of a= ?,• a mwomem m alb y „ A parcel of land simntad in Sections 26 0W;7,Township 3 o e South, wage "dear of tha 6th?tiaeipelMeridian pirknA m W OMMON . Couary, Colerdo arw SernZ more qn-dutlarly demc^bed n atat� to0avrf: - mm�ei� ZW- Lot 25 Beglming at a paint aherm the Northeast Comer of said m vr Section 27 bean N5 d'04"B MI-19 fee'; th— m m gm— Ng9.30'02'8 1413.11 het: Oaeaee SOO.00'oO'W I700.2S m m— �../ hat; 11aea�'N90'00't>D'W 934.41 6x41-bea:NOo°0o'OO.S •e l082 72 ee: dxaea N44°a6'SS'9t MO fee':o the point �� of begirming said pz'l contai '"g 35.932 aces mere or less. _ —.- - ass 1 0_= r— o <� — -9cecnoou'as rouows A pucel of land situated in Sections 26, Township 8 South, g Range 88 ,what of Cto 6tt1 prim1pal mt idisn, Pltkin County, C'olo"Ao "A being M=puticularly dascribe4 v follows: Lot 26 Beginning at a pow6= the Norbeut Co=r of Bald Sacd= 27 baw4 b157036'040E 1351.19 feat; .thenta 54404 157 852.69 fe64 thc=c S00000'00'W 1032.72 feet; thecae N90000'00'w 137.37 ket; ttlmcx S00000100`w idn.30 teat; thence N90000'00'W 463.29 fwt; a=Xo NOO-00'00•E 3310.45 feet to the point of besimdng said part al'conuittia; X358 Acres more or less. A •. , R♦yp n 472831 ' IIIIIIIIIIIIIIIIII I Y 11r1 a IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII page 9 /02 0000 SILVIP ORVIS PITKIN COUNTY CO R 0.00 . .. �y�,. ✓ice rlr r 4�r: