HomeMy WebLinkAboutbocc.res.059.2017 11111111111111101111111111111111R:
RECEPTION.:1340882,82.R;$0.00,D: 80,00
DOC CODE: RESOLUTION
Pg of 3,0812812017 at 04:24:82 PM
Janice K.Vos Caudill,Pitkin County,CO
RESOLUTION OF TEE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,DENYING AN APPEAL BY JOHN AND MOLLY MORTON AND AFFIRMING
HEARING OFFICER DETERMINATION NO.02-2017(APPROVING MATTHEW PATEL
ACTIVITY ENVELOPE)
Resolution No.059-2017
RECITALS
I. Pursuant to Section 2.8.4(Actions)of:be Pukin County Home Rule Charter("HRC'),all matters not
required to be acted upon by ordinance or formal resolution may be acted upon by informal
resolution
2. John and Molly Morton("Appellant")has appealed Hearing Officer Determination No 02-2017,which
approved the Matthew Patel Activity Envelope,to the Board of County Commissioners of Pitkin
County,Colorado("BOCC')
3 The parcel is located on Skookum Lane off of Stone Road,is referred to as Parcel 3,West Sopris
Ranch.and is more specifically described in Attachment A.
4. The parcel contains 34 14 acres and is conforming in size in the RS-JO zone district.
5 The Hearing Officer granted approval of the application,pursuant to Determination N0.02-2017,
after consideration of the application at a duly noticed public hearing on April I8'",20:7.
6 The Appellant submitted a notice of appeal within IS working days of the dale cf the decision and
submitted transcripts of the hearing within 60 working days of the date of the decision,as required by
Sec 2-20-160 of the Land Use Code("Code")
7 The BOCC heard this appeal at a duly noticed public hearing on August 9th,2017,at which time
evidence and testimony were presented with respect to the appeal
8. Seo 2-20-180(g)of the Code provides that the appeal body(BOCCI-'shall only reverse,modify,or
remand a decision on appeal if it finds that that there has been a clear and demonstrable en-or,abuse
of discretion,or denial of procedural due process in the application of the fats in the record to the
standards of this Land Use Code"
9 Based on the testimony heard at the meeting and the record,the BOCC finds that the Hearing Officer
did not abuse discretion or make clear and demonstrable errors in the application of the facts in the
record to the standards of this Land Use Code in her approval of the Patel Activity Envelope,pursuant
to Determination No.02.2017.
10. The ROCC finds that it is in the best interests of the cittzens of Pitkin County to approve this
Resolution.
RECEPTIONS 640982,0 812 812 01 7 at 04'24 52 PM, Pgs 2 of 3,James K Vos Caudill, Pitkin County,CO
Resohaton No.PO-201'
Page 2
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it
does hereby deny the appeal by John and Molly Morton and affirm Hearing Officer Determination No.
92-2017.
DENIED ON THE 9"DAY OF AUGUST,2017.
r EST. BOARD OF COUNTY COMMISSIONERS
oaf ITKDI COUNTY COLORADO
IF
1 1.i. . . . it . rfi' , , .4.
1 etre Jones George 'ew an,Ch: r
a.tuty County Clerk ' //
Date. 71 /// 9
APPROV AS TO FORM APPROVED AS TO CONTENT.
- Kona. 1.rye,tic Cindwhouben,
4County Attorney {1 Community Development Director
PID246522300010
Case#P002-17
RECFPTIONW 640982,08128/2017 at 04.24 52 PM, Pgs 3 of 3,Janice K Vos Caudill, Pitkin County, CO
Resatuncm No05q-2W 7
Page 3
ATTACHMENT A
NEST SOFRO RANCH, PARCEL /01.1 MORE PARFICUUAI.Y GESCPSO AS FOLLOWS
A PARCEL OF WD SITUATED M 11E WEST O46 HALF CF SECTION 22 AND If NCRW Off DRAT OF TIE
ROOMIEST WARIER CF SECTION 27, TOMSTEP 05q1M, RNICE 57 WEST OF OE 61N PINCPAL MERIDIAN,
COM OF PITMI, STATE OF WACWG,MORE P OEYAeED AS FOLLOWS
EOIFNC AT TME SOOMMEST CORNER CF SM0 SECIOl 2Z
MICE NOR 0 DECREES 59 MHMTES 02 SECONDS EAST 454.40 FEET:
TIERCE WNW COWES 37 IIWIES 04 SWIM EAST 653.00 FEET TO 11€ LAE PM OF MINIM
MC SOWN 0 OECIQS 59 MUTES 12 stows WEST 767.06 FEET;
TATE SWM Y CORES 34 MINUTES 25 SECONDS EAST 197E52 FEET;
DEICE NORM t ECEFES 02 ELATES 31 EC@DS EAST 292.03 FRT TD CTE $WI4 QUARTER COINER CF
SAD BECTON 22
MOW CONTOURS NORTH 1 DECREES 02 TOMES SI SECQ100 EAST 166.54 FEET;
THENCE NUM SS DEGREES 57 MOOS 08 ECOIDS EST 1970.22 FEET TO CME TRUE POINT OF
MOM SAD PARCEL CONTA9l6 31112 ACRES,MORE W LESS.