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HomeMy WebLinkAboutbocc.res.018.1974 RESOLUTION BOARD OF PITKIN COUNTY COMMISSIONERS PITKIN COUNTY, COLORADO NO. 74- 18 WHEREAS, an application has been filed by Angela Wooden and Fred Wooden for an exemption to the definition of a subdivision under Subsection B of Section 1.4 of Article I of the Pitkin County Subdivision Regulations, and WHEREAS, the applicants are desirous of purchasing (1) Lot 13, Little Elk Creek Village Subdivision, Filing No. 1, consisting of approximately 2 acres of real property within an approved subdivision, together with (2) an additional 1.25 acres of real property lying southerly and contiguous thereto, which 1.25 acre parcel is presently improved with a log struc- ture in need of remodeling; and, in addition thereto, (3) a parcel of property approximately three acres in size lying southerly of the above-described 1.25 acre parcel and northerly of a stream known as Capitol Creek, the said three-acre parcel being separated from the remainder of the property to be purchased from the applicants by a county road connecting Old Snowmass and the Monestary property, said county road being twenty feet in width, the traveled portion thereof being owned by Pitkin County by prescription, and WHEREAS, if the conditions hereinafter set forth shall be met by the applicants, this Board believes that this matter is the proper subject for an exemption under the sec- tions of the Subdivision Regulations above referred to and should be granted, the resulting impact there~om being less than that which would occur upon development of the property otherwise, WHEREUPON, upon motion made and seconded, the follow- ing resolution was unanimously adopted: BE IT RESOLVED, that the Board of County Commissioners of Pitkin County, Colorado, grant an exemption under Section 1.4(B) of the Pitkin County Subdivision Regulations which would allow conveyance of approximately 6.25 acres of property to Angela Wooden and Fred Wooden, provided that the following conditions shall be met as a condition of this exemption: 1. That the applicants shall provide evidence to the Pitkin County Building Department of the ownership of the subject 6.25 acres before any building permit shall be issued for remodeling of the log structure as above described. 2. That the applicants shall provide the County with a certified survey prepared in conformity with the provisions of 136-2-2 C.R.S., 1963, prior to the issuance of any building permit for the remodeling of the existing log structure on the property or the construction of any additional improvements requiring a permit. Said survey shall be accepted for record- ing by the Pitkin County Clerk and Recorder and shall have sufficient information on the face thereof to identify the same and shall contain language thereon ratifying and confirming the agreements of the applicants which are conditions for accept- ance of this exemption resolution. 3. Prior to the issuance of any building permit, either for remodeling or for any other improvements requiring the same, the applicants shall submit satisfactory evidence of the quality, quantity and dependability of any source of domestic water supply to be utilized by them for the proposed improvement of the existing log structure. 4. Prior to the issuance of any such permit, the applicants shall submit evidence satisfactory to the County of the adequacy of their existing or any proposed sewage disposal system. The approval required hereunder and that required for acceptability of water supply shall be that of the Pitkin County Health Department in accordance with standards employed by that department. 5. Prior to the issuance of any such permit, the applicants shall provide the Pitkin Planning Commission with an acceptable landscaping plan for the property with proper assurances that the same shall be carried into effect. 6. Simultaneous with the conveyance of the 6.25 acres to the applicants, the applicants shall agree, by good and sufficient instrument, to grant to the County, for the use and benefit of the public, a trail easement along Capitol Creek, the same to be ten in width and providing that the same be granted in perpetuity if, as and when the easement agreed to shall form a logical link in the County system of trails in the area. The location of such proposed trail shall be shown on the certified survey to be provided hereunder. 7. The applicants shall agree to install and maintain sewage disposal and water systems acceptable to the Pitkin County Health Department if, as and when the present systems are deemed inadequate by the Pitkin County Health Department, regardless of any improvements which may occur upon the property for which this exemption is granted. 8. The applicants shall agree to improve vehicular access to the existing log structure situate upon the property in accordance with the requirements for road cuts on County roads in Pitkin County, Colorado. The same shall be a condition to the issuance of any building permit for the remodeling of the existing log structure on the property. 9. That the applicants shall provide to the Pitkin County Planning & Zoning Commission results of geological and soil tests and studies showing that the property is not situate within a hazard area prior to the issuance of a building permit for any additional resident structure upon the property, i.e., the guest house. 10. The applicants shall encumber the subject property with deed restrictions, providing that the aggregate property ownership, i.e., the 6.25 acres, more or less, shall be improved only with the remodeled log structure presently situate thereon, a guest house not to exceed five hundred fifty square feet in size, to be situate only southerly of the County road presently disecting the property, and said guest house - 3 - shall not be visible from the County road above referred to and shall have no vehicular access therefrom. Those restric- tions shall be in good and sufficient form enforceable by this Board and shall be contained in the deed of conveyance to the applicants (and ratified by them) under the exemption herein granted. 11. The applicants shall, simultaneous with the conveyance of the property to them under the exemption herein granted, convey by good and sufficient bargain and sale deed sufficient property to create a sixty-foot road right of way for the County road as the same disects the said property; provided that this requirement shall be limited to a thirty- foot right of way on those portions of the subject property which abut only one side of the County road. The deed form and evidence satisfactory of ownership shall be provided to the County and approved by appropriate agents thereof prior to any conveyance under the exemption. 12. The deed restrictions referred to in paragraph 10 above shall also contain provisions that the ownership of the property shall not be further divided in violation of the Pitkin County Subdivision Regulations and the development of the property shall be limited to the remodeling of the exist- ing log structure lying northerly of the County road, the construction of a guest house as hereinabove provided, together with appropriate accessory buildings and improvements thereto. 13. The applicants shall obtain the approval of the Planning & Zoning Commission that all of the conditions hereof have been met prior to the issuance of any building permit to build the guest house proposed by the applicant, and BE IT FURTHER RESOLVED, that the Pitkin County Clerk and Recorder is hereby instructed and authorized to accept for recording any and all instruments relating to this exemp- tion which are properly recordable and which have been approved for such recording by the Pitkin County Attorney, and - 4 - BE IT FURTHER RESOLVED, that as a last and final condition of the exemption herein granted, the applicants pay to the County the sum of $ 75.00 as a fee for the process- ing and administration of this cation. DATED: .~, a~ h ~ ~ comprehensive exemption appli- , 1974. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY Secretary By Jr.