Loading...
HomeMy WebLinkAboutpitkin.boa.reso.98-10RESOLUTION OF THE PITKIN COUNTY, COLORADO BOARD OF ADJUSTMENT GRANTING A HEIGHT VARIANCE FOR THE ASPEN/PITKIN COUNTY AIRPORT Resolution No. 98-10 WHEREAS, the Aspen/Pitkin County Airport is requesting a 4' Height variance for the construction of an earthberm; and WHEREAS, a maximum height of 6' setback is allowed within the 100' Major Road Setback of Owl Creek Road; and WHEREAS, the subject property is known as 233 East Airport Road, but is more specifically described in Exhibit "A" (seven pages); and, WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by virtue of Title II, Section 7-10.30, Pitkin County Code (Land Use Code) and Colorado Revised Statutes, 1973, 30-28-118(2) (C); and, WHEREAS, based on the evidence presented, the Board of Adjustment makes the following findings: 1. Proper notice procedures, including the notification of all adjoining property owners, has been shown by the applicant. 2. The required hardship or practical difficulty has been established. 3. Granting such relief will not cause substantial detriment to the public welfare and will not substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment, that a 4' Height variance be granted, for the construction of an earthberm as presented on Exhibit "B", due to downzoning with conditions that provisions be made to create natural landforms and to revegetate with the use of temporary irrigation. WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. The Resolution was adopted by vote of the Board of Adjustment of the County of Pitldn, State of Colorado. DATED: July 7, 1998 The Board of Adjustment of Pitldn County, Colorado ATTEST: Theresa Albers, Secretary Bill Lukes, Chair I IIIIII IIIII IIIIII IIIII IIIII IIIII IIIIII III IIIII IIII IIII 437612 11/09/1999 02:30P RESOLUT,r DJ:IV'rS S,rLV,r I o¢ 19 R 0.00 D 0.00 N 9.89 PXTKXN COUNTY CO .!,/ia E'svis, Fitl:!n [?n~¥' Cler'~- , Dec SCHEBULE A (continued) Covering the Land Order No. 400595-C: Plat I.D. # EXH [BIT "A" In the State of Colorado, County of Plfk'in, Described as follows: PARCEL A: A tract of land In the Northeast quarter and in the Northeast quarter of the Southeast quarter of Section 3, Township I0 South, Range 85 West of the Sixth Principal Meridian, more fully described as follows: Beginning at a point on ,he centerl lne of the Owl Creek Road whence ,he East one-quarter Corner of sald Section 3 (which is a brass cap in place~ bears South 83°31' East, 1506.89 feet; thence Nor,h 1359.15 feet; thence East 738.08 feet to the West right-of-way line of Color ado Highway No. 82; thence South 3°12' West, along the West right-of-way line of Colorado Highway No. 82, a distance of 1262.26 feet;' thence, along the West right-of-way line opt Colorado Highway No. 82, and around a curve to the left whose radius is 2342.00 feet for a distance of 583,50 centeri thence thence thence thence thence to the feet for a distance of 2342.00 feet, to the Intersection with the Ine of Owl Creek Road; North 5~°19' West, along the centerllne of Owl Creek Road, 660.91 feet; North 67~55' West, along the cenferllne of Owl Creek Road, 50.95 feet; North .75~33~,Wes~.~iong the centerllne of Owl Creek Road, 74.83 feet; North 42028' West, along the centerllne of Owl Creek Road, 68.03 feet; North 29~4' West~ along the centerllne of Owl Creek Road, 11.25 feet Point of Beginning, EXCEPT a trot as follows: Beginning at the Northeast corner of.the above described land; thence South 3°12' West, 200.31 feet; thence West, ~35.60. feet; thence North 3~12' East, 200.31 ~eet; thence East 435.60 feet to the Point of Beginning, AND EXCEPT that portion thereof conveyed to the United Lumber and Mercantile Company by the Warranty Deed recorded March 26, 1975, In Book 297 at Page 403, being more fully desclrbed as follows: Beginning at a point whence the East quarter Corner of said Section 3 bears South 53°316'19'' East, 1860.05 feet; thence North 425.65 feet; thence East 302.48 feet; thence South 03°12' West, 200.31 feet; thence East 435.60 feet; thence South 03°12' West, 226.00 feet; (Continued) I llllll IIIII Illlll II;11 I!lll IIIIJ J,llJ JiJ Illll I!![l,l j 437~12 11/89/1909 e2,3eP RESOLUT1' DAVZS 2 of 1.0 R 8.88 D 0.0e N 8.88 pTTKZN COUNTY CO .via D~',,i,~, Piti:in ~nt,,, Sierl , B, oc S.OQ Commltment No. 400595 -C2 LEGAL DESCRIPTION -continued thence West 714.28 fee~ to the Point of Beginning. PARCEL B: A tract of land sltuafe In Section 3, Townshlp I0 South, Range 85 West of the Sixth Principal Meridian, and more fully described as follows: Beginning at a point whence the East quarter Corner of South 53Q36'19'' East, 1860.05 feet; thence North 425.65 feet; thence East 302.48 feet; thence South 03°12' West, 200.31 feet; thence East 435.60 feet; thence South 03°12' West, 226.00 feet; thence West 714.28 feet to the Point of Beginning. said Section 3 bears PARCEL C: A parcel of land situated In the Northeast one-quarter of Section 3, Township lO South, Range 85 West of the 6th P.M., described as exception in Instrument recorded in Book.213 at Page 113, and more ful y described as follows: Beginning at a point on the West right-of-way ine of Colorado Highway No. 82 (being the Northeast corner of that parcel of and described in Instrument recorded in Book 213 at Page I13), whence the East one-quarter corner of said Section 3 (1954 unapproved bass cap In place) bears South 26°24'03'' East, 1707.37 feet; thence South 03~12' West, along the West right-of-way line cf Colorado Highway No. 82, a distance of 200.31 feet; thence West 435.60 feet; .............. thence North 03012' East, 200.31 feet; thence East 435.60 feet to the Point of Beginning, EXCEPT that portion thereof described as follows: Beginning at the Northeast corner of the above described parcel; thence South 03°12' West, 20.90 feet; thence West 435.60 feet; thence North 03°12' East, 20.90 feet; thence East 435.60 feet to the Point of Beginning, PARCEL (Contlnu~d) I IIIIII IIIII IIIIII IIIII I!111 IIIII IIIIII III IIIII IIII IIII 437612 l~/Og/lgS9 e2.3eP RESOLUTI DRVIS SILVI 3 o¢ ~0 R 0.80 D 0.00 N 0.00 PITKIN COUNTY CO ' ~_'.,.,: a Da'.".s. F_t! in Cntl,' C!_~ ~ Doc Commitment No. 400595 -C2 LEGAL DESCRIPTION -continued A parcel of land situated In the Northeast one-quarter of Sectlon 3, Township I0 South, Range 85 Wast of the 6th P.M., described as tollows: Beglnnlng at a point on the West right-of-way Ifne of Colorado Highway No. 82 (being the Northeast corner of Exception No. 2 In instrument recorded In Book 188 at Page 462), whence the East one-quarter of ~ald Section 3 (1954 unapproved bass cap In place) bears South 26~45'03'' East, 1689.23 feet; thence West, along the North line of said Exception No. 2, a distance of 757]59 feet to'the Easterly boundary of the tract of land described In Book 202 at Page 270; thence thence thence thence North North North 20°26' West, along sald Easterly North 69°34' East, along said Easterly ther:a North 20~26' West, along said Easterly line of said Section 3; thence North 89°55'31'' East, along the North 24°44'00'' West, along said Easterly boundary, 310.81 feet; 69°34' East, along said Easterly boundary, 25.00 feet; boundary, 162.82 feet; boundary, 166.52 feet; boundary, 657.90 feet to the North line of said Section 3, a distance of 925.88 feet to the Westerly rlght-of-way line of Colorado Highway No. 82; thence on a curve to the right whose radius is 1860 feet, and along the Westerly right-of-way ilne of Colorado Highway No. 82, a distance of 702.78 feet; thence South 03°12'' West, along the Westerly right-of-way llne of Colorado Highway No. 82, a distance of 427.70- feet to the Point of Beginning, EXCEPT a tract of land 100.00 feet In width, the East boundary of which is the West rlght-of-way line of Colorado Highway No. 82; the West boundary of which Is a line parallel to and 100.00 feet West of said West right-of-way Ilne; and 'bounded on the North by the North line of said Section 3, and bounded on the South be the Intersected portion of the North line of Exception No. 2 in Instrument recorded in Book 188 at Page 462. PARCEL E: A parcel of land situated In the North one-half of Section 3, Township lO South, Range 85 West of the. 6th.PoH.~ described as follows: Beglnnlng at the North one-quarter corner of said Section 3 (a Brass Cap in place); thence North ~9°55'3~' East, along the North IIIne of said Section 3, a dlatance of 263.32 feet; thenc South 69°34' Weet, 390.00 feet; thence North 20°26' West, 144.60 feet to the North line of said Section 3; thence North 89°53' East, along the North line of said Section 3, a distance 152.62 feet to the Point of Beginning. I IIIIII IIIII IIIIII IIIII IIIII IIIII IIIIII III IIIII IIII IIII (Contlnue~] 4378~2 11/89/1899 02:35P RE$OLUT! DRV%$ $%LV% 4 ~ 18 R 0.00 D 0.00 N 0.00 P~TKZN COUNTY CO Commitment ~o. 400595 -C2 LEGAL DESCRIPTION -continued PARCEL F: A parcel of land situated In the North one-hal f of Section 3, Township 10 South, Range 85 West of the 6th P.M, described as follows: Beglnnlng at a point on the North line of said Section 3, whence the North one-quarter corner of said Section 3 (a Brass Cap In place) bears South 89°55'31'' West, 263.32 feet; thence' south 20~26' East, along the West boundary of parcels described in Book 195 at Page 517 and in Book 202 at Page 270, Pitkln County records, 99g.88 feet; thence along the Westerly, Southerly and Easterly boundary lines of parcel described In Book.202 at Page 270, as follows: North 69°34' East, 25.00 feet; South 16008' East, 338.14 feet; North 69°34' East, 317.00 feetl · North.24°44' West, 27.33 feet; thence leaving the'parcel recorded In Book 202 at Page 270, East 20.68 feet to the West boundary line of parcel described in Book 213 at Page 112; thence South, along said West boundary line, 1338.29 feet to the centerllne of Owl Creek Road; thence along the centerline of Owl Creek Road as follows: North 29°44' West, 148.96 feet; North 21~30' West, 114.69 feet; North 31°45' West, 235.58 feet; North 44:04' West, 238.86 feet; North 41%1' West, 153.11 feet; thence North 29°17' West, along the centerllne extenlon of g~l Creek Road, 215.03 feet; thence North 20~26' West, 1504.45 feet; thence North 69~34' West, 390.00 feet to the Pofnt of Beginning. I IIIIII IIIII IIIIII IIIII IIIII IIIII IIIIII III IIIII IIII IIII 437812 11/~J/1999 82:38P RE$OLUT! DAVt5 $ILV! PARCEL G: 5 ot' 1.8 R 0.88 D 8.88 N 8.88 PTTK~N COUNTY CO A parcel, of lend situated in the North one-half of Section 3, Township 10 South, Range 85 West of the 6th P.M., described a~ follows: Beginning at a point on the Northerly line of the Northwest one-quarter of said Section 3, whence the North one-quarter corner of said Section 3 bears North 89°53' East, 152.64 feet; thence South B9~53' Wes'i, along the Northerly line of the Northwest one-quarter of said Section 3, a'distance of 98.44 feet to the Easterly right]of-way fence for C)~I Creek County Road; -. thence South 89°53' West, 60.83 feet to the Westerly right-of-way fence for Owl Creek County Road; thence Southeasterly, along said Westerly right-of-way fence, as follows: (Conflnued) Commitment No. 400595 -C2 LEGAL DESCRIPTION -contlnued South 30°26'29'' East, South 27°44'12'' East, South 27°44'57'' East, Sou~h 27°15'27'' East, South 24°26'50'' East, South 21'37'04" East, South 19°22'41'' East, South 19°23'2~'' East South 19~42'27'' East South 20°38'30'' East South 23%4'48" East South 25°57'56" East South 29°12'23" East thence leaving the Westerl 69°14'08'' East, 32.36 feet thence North 29°17'00'' Wast, 215.03 thence North 20°26'00'' West, .Owl Creek County Road; thence North 20°20'00'' West, 17.25 feet; 282.96 feet; 276.68 fee~; 186.22 feet; 51.90 feet; 53.59 feet; 102. t3 reef] 127.95 feet; 169.52 feet; 125.21 feet; 123.79 feet; 254.98 feet; 154.34 feet; right-of-way fence for Owl Creek County road, North feet; 179.73 feet to the Easterly right-of-way fence for 1469.32 feet to the Point of Beginning. PARCEL H: A parcel of land situated In the Northwest one-quarter of Section 34, in the Southwest one-quarter of Section 27, and the tn the Southeast one-quarter of Section 28, Township 9 South, Range 85 West of the 6th P.M., described as follows: Beginning at a point being the.present Northwest corner of the county Airport, whence the South one-quarter corner of said Section 34 (a G.L.O. Brass Cap in place) bears South 17°57'56'' East, 5733.83 feet; thence South 69°34' West, 390.00 feet; thence North 20o26' West, 2090.00 feet; -. thence North 69o34' East, 298.31 feet, more or less, to the West right-of-way line of Colorado Highway No. 82; ti~er~e Southeasterly, along the West right-of-way llne of Colorado Highway No. 82, as follows: South 23°38' East, 186.96 feet; South 37°44' East, 253.20 feet; South 28°39' East, 1678.82 feet; thence leaving the West right-of-way line of Colorado Highway No. 82, South 69°34~ West, 233.97' feet to the Point of Beginning. PARCEL : (Conflnu~d) I IIIIII Imlll I1,11 mill Illll imm lllmll 43'i'612 %1/e9/1999 02.30P RESOLUT! O~V!$ 6 o~* t0 R 0.0~ D 0.0~ N 0.0~ P%TK%N COUNTY CO Commitment No. 400595 -C2 LEGAL DESCRIPTION -continued A parcel of land situated In Section 34 and the Southwest one-quarter of Section 27, Township 9 South, Range 85 West of the 8th P.M., being a strip of land 390 feet wide adjacent to the West boundary of the present County Airport, described as follows: Beglnnlng at the South one-quarter corner of Section 34 (a 1913 Brass Cap In place); thence North 89°55'31'' East, along the South line of sald Section 34, a distance of 263.32 feet; thence North 20°26' West, along the West llne of the present County Airport, 5820.12 feet; . thence South 69°34' West, 390.00 feet; thence South 20026' East, 5675.52 feet to the South line of sald Section 34; thence North 89°53' East, along the South Ilne of said Section 34, a distance of 152.62 feet to the Point of Beginning. PARCEL J: A parcel of land situated in the Southwest one-quarter of Section 34, Township 9 South, Range 85 West of the 6th P.M., described as follows: Beginning at a point on the Southerly line of the Southwest one-quarter of said Seatlon 34, whence the South one-quarter corner of said Section 34 (a 1913 approved Brass Cap in place) bears North 89053' East, 152.64 feet; thence North 20026' West, 1328.16 feet to a wire fence In place; thence South 50°12'24'' West, along said wire fence, 220,08 feet to the Easterly right-of-way fence for Owl Creek County Road; thence South 50°12'24!.' West, 65.82 feet to the Westerly right-of-way fence for Owl Cre'ek County Road; . thence Southeasterly, along said Westerly right-of-way fence, as follows: South 39~59'31'' East, 59.42 feet; Sou~ 28004'32"-Eest, 180.56 feet; South 26°42'07'' East, 248.86 feet; South 26°54'17'' East, 178.73 feet; South 18°20'14'' East, 290.20 feet; : South 30~25'29'' East, 229.70 feet to the Southerly tine of the Southwest one-quarter of said Section 34; thence leaving said Westerly right-of-way fence, North 89°53' East, along the Southerly line of the Southwest one-quarter of said Section 34, a distance of 60.83 feet to the Easterly right-of-way fence for Owl Creek County Road; thence North 89~53' East, along the Southerly llne of the Southwest one-quarter of said Section 34, a distance of 98.44 feet to the Point of Beginning. PARCEL K: (C~lnued) I IIIIII IIIII IIIIII IIIII IIIII IIIII IIIIII III IIIII IIII IIII 437612 11/6gllgg9 02:3OP RE6OLUT! DI:IVI~$ SXLV! ? e~' 10 R 0.00 D 0.00 N 0.00 PXTK!N COUNTY CO 'Oammltment No. 400595 -C2 LEGAL DESCRIPTION -continued A trot of land located In fha SEI/4 of Sectlon 34, Township 9 South, Range 85 West of tho 6th P,M., more fully deecrlbed aa follows: Beginning at a point on the South llne of said Section 34, whence the South Quarter Corner of said Section 34 bears s.Bg°54'W., 780.81 feet; thence N.20~26'W., 2320,00 feet; thence N.69°34'E., 328.24 feet; thence S.31~O7'E., 2279.59 feet; thence around e curve to the right with a radius of 1760.00 feet a distance of 370.98 feat (the chord of which curve bears S.25°04'41"E., 370.30 feet); thence S.89°54'W., 832.17 feat to the Point of Beglnnlng. PARCEL L: A parcel of land being part of Section 34, Township 9 South, Ranga 85 West of the Sixth Principal Meridlan, described as follows: Beginning at a point whence the south quarter corner of said Section 34 bears South 89~54' West, 1612.98 feet, being the Southeast corner of property described in dead to the Board of County Commissioners r~corded March 5, 1969, In 15ook 239 at Page 636; thence along tho Easterly boundary thereof 370.98 feat along a curve to the loft having a radius of 1760.00 feet (the chord of which hears North Z5°04'41'' West, 370.30 feet), and North 31°07' West, 2279.59 feat to the Intersection with the boundary of property described in deed to the 15oard of County Ccmmlssloners r~cordad August 29, 1956, In Book 174 at Page 488; thence North 69°34' East, 101.76 feet to the Southwesterly right-of-way llne of Colorado Highway No. 82; .~ thence South 31~07' East, along said right-of-way line, 2298.45 feet; thence 392.20 feet along a curve to the right having a radius of 1860.00 feet (the Chord of which bears South 25004'34'' East, 391.47 feet along said right-of-way line); thence South 89~54r West, 114.0§ feet to the Point of Beginning. PARCEL M: I IIIIII IIIII IIIIII IIIII I!111 IIIII IIIIII III IIIII IIII IIII 43761.2 1.1./99/1.909 92.30P RESOL.UT! Df:IV'rS SZLVT 8 o~' 1.9 R 9.00 D 0.00 N 9.99 PZTKIN COUNTY CO That part of Section 34 and Section 27, Township 9 South, Range 85 West of the 6th P.M., described as follows: Beginning on.the South llne of said Section 34 at a point whence the South one-quarter corner of said Section 34 bears South 89054' West, 243.28 feet; thence North 26°20' West, 5820.0 feet; ' thence North 69°34' East, 230.00 feet t© the Westerly rlght-of-w~y line of (Confln~ed) Commitment No. 400595 -C2 LEGAL DESCRIPTION -continued Colorado Highway No. 82 (A.W. Project 2012-B); thence South 28039' East, along the Westerly right-of-way line of Colorado Highway No. 82, to the South line of said Section 27; thence South 28°39' East, thence on a curve to the thence South 31°07' East, thence South 25°24~ East, thence So~h'31°07"East, thence South 36°50' East, thence South 31007' East, 82, 585.0 feet; thence South 69°34' West, thence South 20°26' East, thence South 89°54' West, 396.6 feet; left with a radlus of 5780.0 feet for 248.9 feet; 1473.1 feet; 100.5 feet; ?00.0 feet; 100.5 feet; along the right-of-way fence llne of Colorado Highway 430.0 feet; 2320.0 feet to the South line of said Section 34; 497.53 feet to the Point of Beginning. I IIIIII IIIII IIIIII IIIII I!lll IIIII IIIIII III IIIII IIII IIII 437~'/.2 ~.'/./eg/lggg e2.3eP RE$OLUT! DI~VZ$ $~LV! g of' 1~ R 0.~ O e.Oe FI e.08 PZTKZtt COUHTY X (~g(E) RUNWAY SAKETY AREA X X-~> SECTION "A- A" NOT TO SCALE NATURAL 2~ SLOPE EARTII t IAI I SECTION "B- B" NOT TO SCALE ~ DISTURBED AREA STA. 30+51.08 R/W 15/53 EXISTING ARPel. STA. 0+00 T/W "A-l" / o o..~ko o ,o oo o o ?o o o_ o ~ ,o -.~ o ...... ~ -EXISTING RUNWAY 15/33 (7004' X 100') F _-~ o --~ ~~-- --