HomeMy WebLinkAboutbocc.res.058.2022RECEPTION#: 689349, R: $0.00, D: $0.00, 08/03/2022 at 10:35:00 AM, Pgs 1 of 2, Ingrid K. Grueter, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, DENYING AN APPEAL BY LIZ & JERE LONG
OF HEARING OFFICER DETERMINATION NO. 01-2022 APPROVING THE
L'INDRET LLC ACTIVITY ENVELOPE AMENDMENT AND SITE PLAN REVIEW
Resolution No. 058 - 2022
RECITALS
1. 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 may be acted upon by
informal resolution.
2. Liz and Jere Long ("Appellant") appealed the Hearing Officer Determination No. 01-2022
which approved the amended Activity Envelope and Site Plan for the L'Indret LLC property
to the Board of County Commissioners of Pitkin County, Colorado ("BOCC").
3. The Appellant is an adjacent neighbor of the property that was reviewed by the Hearing Officer
4. The property in question is 2 acres and is a legal non -conforming in lot in the AR-10 zone
district and is legally described as Lot 2, Block 1, Filing 1, Brush Creek Village Subdivision,
PID# 2643-213-04-002.
5. The Hearing Officer considered the application for an amended Activity Envelope and Site Plan
review for the development of a single family residence. The Hearing Officer approved the
application on March 22, 2022, pursuant to Determination No. 01-2022, finding that the home
as designed, including the proposed floor area, met the applicable criteria of the Land Use
Code.
6. The Appellant submitted a notice of appeal within 15 working days of the date of the
decision, as required by Sec. 2-20-180 ofthe Land Use Code ("Code"). On appeal, the
Appellant argued that previous conditions of approval for the Activity Envelope, approved in
2019, were not considered during Site Plan review specifically that slopes greater than 30%
should have been considered for development which would have reduced the visual impact of
the new residence to the neighbors and as viewed from Brush Creek Road, a scenic corridor.
7. The BOCC heard this appeal at a duly noticed public hearing on July 5, 2022, at which time
arguments were presented with respect to the appeal and the BOCC reviewed the record on
appeal.
8. Sec. 2-20-180(g) ofthe 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 error, abuse of discretion, or denial of procedural due process in the application
of the facts in the record to the standards of this Land Use Code."
RECEPTION#: 689349, 08/03/2022 at 10:35:00 AM, Pgs 2 of 2, Ingrid K. Grueter, Pitkin County, CO
Resolution No. 058- 2022
Page 2
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County
Commissioners that in consideration of the arguments heard at the July 5, 2022 Appeal hearing
and the record on appeal, the BOCC finds that the Hearing Officer did not commit a clear and
demonstrable error in her approval of Hearing Officer Determination No. 01-2022, and therefore,
denies the appeal brought by Liz and Jere Long of the Determination and affirms Hearing Officer
Determination No. 01-2022
ADOPTED ON THE 27ND DAY OFJULY, 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Julia Ely
Deputy County Clerk
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Patti Clapper, Chair
Date: Aug-02-2022
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely,
County Attorney
Case #PLAN.0684.2022
PID# 2643-213-04-002
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Suzanne Wolff,
Interim Community Development Director