HomeMy WebLinkAboutbocc.res.090.2017 IIIII II I I IIII VIII III III 8,IR.II I III ILII IIII IIII ISI I III
RECEPTION#:641098, R. $0.00,D:SO 00
DOC CODE: RESOLUTION
Pg 1 of 7,12/29/2017to n :21 AM
K.
Janice Vos Caudill,, Piton County.CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO IN CONNECTION WITH AN APPEAL BY CIHUSTOPHF.R HENDERSON OF
BOARD OF ADJUSTMENT RESOLUTION 2-2017 AND REMANDING THE MATTER TO
THE.BOARD OF ADJUSTMENT
Resolution No. 07 -2017
RECITALS
I. Pursuant to Section 2,8.4(Actions)of the Pitkin County Home Rule Charter("HRC'),all matters not
required to be acted upon by ordinance or formal resolution maybe acted upon by informal resolution.
2. Christopher Henderson('Appellant")has appealed Board of Adjustment Resolution No.02-2017,
which denied a request fora 99'Major Road Setback variance fora ranch gate.to the Board of County
Commissioners of Pitkin County,Colorado("BOCC).
3. The parcel is located at 5342 Highway 133,and is legally described in Exhibit A
4. The parcel is coned AR-10 and contains approximately 1.01 acres.
5. County staff cited a ranch gate that the Applicant installed without a Zoning Permit. Because the
ranch gate is located within the (00'Major Road setback that is required from the Highway 133
right-of-way,the gate required approval of a setback variance from the Board of Adjustment before a
permit could be issued.
6. The Applicant applied and the Board of Adjustment considered the request for a variance at a duly
noticed public hearing on September 5.2017
7 The Board of Adjustment denied the application due to lack of demonstrated hardship as reflected in
their Resolution No.02-2017.
8. The Appellant submitted a notice of appeal within 15 working days of the decision and submitted
transcripts of the hearings within 60 working days of the decision,as required by Sec.2-20-180 of
the Land Use Code( Code'').
9. I he BOCC heard this appeal at a regular meeting un December 6,2017, at which time testimony was
presented with respect to the record on appeal from the decision of the Board of Adjustment.
10. Based on the record on appeal,the BOCC finds that, because the Appellant had constructed the ranch
gate for which the variance was sought prior to applying for a variance,the Board of Adjustment
applied a more strict review to the Appellants variance request,which standard does not exist in the
Land Use Code
II. The BOCC finds that the Board of Adjustment erroneously applied more strict criteria than what is set
forth in Pitkin County Land Used Code when considering Appellant's variance request;and,therefore,
it is appropriate to remand the decision to the Board of Adjustment for reconsideration based on the
applicable standards and criteria set forth In Section 2-40.110(b)of the Land Use Code.
RECEPTION# 64409B,12129/2017 at 09 2821 AM, Pgs 2 of 3,Janice K Vos Caudill, Pitkin County,CO
Resolution Na. QV -2017
Page 2
12. The BDCC finds that it is in the best interests of the citizens of Pitkin County to approve this
Resolution
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it does hereby remand the Henderson application to the Board of Adjustment for
reconsideration based on the applicable standards of the Land Use Code,and authorizes the Chair to sign
on behalf of the County
APPROVED ON THE 6T11 DAY OF DECEMBER,2017.
1TEST: BOARD OF COUNTY COMMISSIONERS
OF PI FKIN COUNTY,COLORADO
.44t141 C6112‘— GyL.)
1r ette Jones George Newman,Chair
M.uty County Cle
Date. jar " ir?o4
APPROVED AS TO FORM APPROVED AS TO CONTENT
ii-
A„ ` "Ely 24MaK V• lleAlw.F Cindylouben,
rtarriCounty Attorney 0 Communily Development Director
PID 246222200D12
Case#P074.17
RECEPTION#:644098,12/29/2017 at 09:28:21 AM,Pgs 3 of 3,Janice K.Vos Caudill,Pitkin County,CO
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