HomeMy WebLinkAboutbocc.res.091.2015 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,REMANDING TO THE HEARING OFFICER FOR CONSIDERATION OF
HEARING OFFICER DETERMINATION NO. 04-2015 WHICH APPROVED THE LOT 5
WHITE STAR LLC SITE PLAN REVIEW AND SUBDIVISION EXEMPTION FOR A MINOR
PLAT AMENDMENT
Resolution No. 06rl -2015
RECITALS
1. W/J Metropolitan District("Appellant")has appealed Hearing Officer Determination No. 04-2015,
which approved the Lot 5 White Star LLC, Site Plan Review and Subdivision Exemption for a Minor
Plat Amendment,to the Board of County Commissioners of Pitkin County,Colorado("BOCC").
2. The Lot is legally described as Lot 5,Filing 5, W/J Ranch Subdivision.
3. The Lot is zoned RS-20 and contains approximately 7.8 acres.
4. The Hearing Officer granted approval of the application,pursuant to Determination No. 04-2015,
after consideration of the application at a duly noticed public hearing on August 25th, 2015.
5. The Appellant submitted a notice of appeal within 15 working days of the date of the decision and
submitted transcripts of the hearing within 60 working days of the date of the decision, as required by
Sec. 2-20-180 of the Land Use Code("Code").
6. The BOCC heard this appeal at a duly noticed public hearing and regular meeting on December 2nd,
2015, at which time evidence and testimony were presented with respect to the appeal.
7. The BOCC finds that the Hearing Officer has committed a clear and demonstrable error of omission by
failing to adequately consider jurisdictional issues involving the W/J Metropolitan District.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it does hereby remand Hearing Officer Determination No. 04-2015, which approved
the Lot 5 White Star LLC, Site Plan Review and Subdivision Exemption for a Minor Plat Amendment, with
the following direction:
1. The Hearing Officer shall take into consideration jurisdictional authority as it relates to the W/J
Metropolitan District.
RECEPTION#: 625443, 12/10/2015 at
10:22:56 AM,
OF 2, R $0.00 Doc Code RESOLUTION
Janice K.Vos Caudill, Pitkin County, CO
Resolution NoX -2015
Page 2
REMANDED ON THE 2ND DAY OF DECEMBER,2015.
AT EST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
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Jea I tte Jones Steven F. Child,Chairman
Dep, ty County Clerk
Date: Iz/6?'-Z0 f
APPROVED AS TO FORM: APPROVED AS TO CON ItNT:
(Puivt ga.AQ
John E , CitMly Houben,
C.•my Atto i - Community Development Director
PID 264322303005
Case#P070.-15