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Home My WebLink Aboutbocc.res.149.2002 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,APPROVING AN EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR RICHARD JELINEK FOR THE JELINEK EAST PROPERTY Resolution No.JNY-2002 RECITALS l. Richard Jelinek("Applicant')has 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 a single family residence of up to 15,000 square feet of floor area on a metes and bounds parcel. The vested rights will expire on November 17,2002. 2. The parcel is located 5 miles south of Carbondale off of Prince Creek Road,and is more specifically described in Exhibit A. 3. The parcel is zoned RS-30 and contains approximately 320 acres 4. The BOCC approved the 1041 hazard review, conceptual submission and caretaker dwelling unit application, pursuant to Resolution No. 99-196. The 1041 site plan was recorded in Plat Book 52 at Page 99. 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 Richard Jelinek for the Jelinek East Parcel, 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.99-196, except as specified herein. 2. Condition#3A of Resolution No. 99-196 under"Structural Design and Construction Requirements" 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. B. All roof coverings shall have a surface that shall fwilitate 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. 472832 IIIIII IIIII IIIIIIIIIII IIIIII III IIIIIII III IIIII IIII IIII Page: I of 4 0//01/ 0 2 09:29A 0 Resolution No.16-2002 Page 2 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 the 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 FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY on the'* day of oyS, , 2002. 1111 II I 1111�1111 1111II 11111 11111 I III47232 Page:00 2 09:29R SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 2 Resolution No. �-2002 Page 3 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY,COLORADO By t`4 — a0� Patti per,Chair ATTEST: -Lyndee Dean, C erl to the BOC APPROVED AS TO b r CONTENT: APPROVED AS TO FORM: Cindy Houben John Ely Community Development Director Co rney P086-02 PID#246325100002 IIII III Illill Ilill Ilil IIIII IIIII III 32 Page: 3 of 4 0//01/82 02 09:29A SILVIR DAVIS PITKIN COUNTY CO R 0.00 0 0.00 3 09/10_q TUE 08:54 FAX 1 970 945 5948 SCHML'ESER GORDON MEYER00� --— 5CHMU ESE R i,.GORDON I MEYER 04E'Nw0009AtNoa awmcN en93TGeeurrE 1 1 a N. eTn, sun 200 O. am 21 35 v.0, a=3050 E N 0 1 N E E,R 5 5 5 U R V E Y O A 5 64PNW00o 3INIM05. co 8,001 N'I'EN. 00 61 O 1 a GKEIT�Q WTTE, W e 1 C 24 1 970-94o-1004 B]OBao-O%2] O'/0949'0335 1 ne 9709etr594E FX: 97"z5-4157 mi 070-349-0038 i LEGAL DESCRIPTION JELINEK EAST PROPERTY II The Jelinek East Property is a tract of land situate in Township 8 South, Range 88 West,61N Principal Meridian, being more particularly described as follows: S'%. SE'G, Section 24 NEY4, Section 25 N%a, SE'/A. Section 25 Said parcel contains 320 acres more or less. IIIIII IIIII IIIIII IIIII IIIIII III IIIIIII III IIIII IIII IIII Page:472832 10/01/2002 0 00 9.29E O 1:\192M9D]lE\G4arNE01LE0FL OeSORIPTEINA3G