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HomeMy WebLinkAboutbocc.res.026.2005RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE MOUNTAIN QUEEN INC. SPECIAL REVIEW FOR AN ACCESSORY STRUCTURE WITH BATHING FACILITIES Resolution No.&~&-2005 RECITALS Mountain Queen Inc. ("Applicant") has applied to the Board of County Commissioners ("BOCC') for special review approval to convert an existing garage to an accessory structure with bathing facilities. The structure will include two bedrooms and t*vo bathrooms. 2. The Mountain Queen parcel is located at 320 McFartand Gulch Lane, and is more specifically described in Exhibit A. 3. The parcel is zoned AFR-10 and contains approximately 37 acres. The BOCC granted a growth management allotment to the parcel in 1983, pursuant to Resolution No. 83-96, and 1041 hazard review approval, pursuant to Resolution No. 83-103. A 1041 site plan was recorded in Plat Book 18 at Page 78, but no building envelope was established. The approvals required that the existing residence on the property be deed restricted; "Employee Rental Unit Covenants" were recorded in Book 515 at Page 909. A building envelope was approved pursuant to Administrative Decision No. 18-2003, and a site plan was recorded io Plat Book 65 at Pages 86-87. The Community Development Director subsequently approved amended building and development envelopes pursuant to Administrative Decision No. 65-2004. The revised site plan was recorded iu Plat Book 71 at Pages 20-22. The BOCC granted special review approval pursuant to Resolution No. 132-2004 to otilize one TDR to add residential floor area within the barn, including a caretaker dwelling unit, recreation room, bedroom and bathing facility and mechanical space. One TDR was surrendered in November 2004. The residence and barn are currently under construction. 6. The BOCC considered this application at a duly noticed public hearing on February 23, 2005, at which time evidence and testimony were presented with respect to this application. 7. The BOCC finds that the proposed accessory structure with bathing facilities is consistent with the special review criteria and the other applicable provisions of the Land Use Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the Mountain Queen Special Review, subject to the following conditions, which shall run with the laud and be binding on all successors in interest. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The conditions of BOCC Resolution Nos. 83-103 and 132-2004 and Administrative Decision Nos. 18-2003 and 65-2004 shall remain in foil force and effect. Resolution No. O,~ -2004 Page 2 3. Prior to issuance of any building permits to convert the existing garage into bedrooms, tbe Applicant shall: A. Record a deed restriction ensuring that only one principal dwelling unit exists on the parcel and that the Applicant shall not subdivide the property or sell the structures separately. The deed restriction shall be approved by the County Attorney. B. Pay the applicable road impact fee. C. Obtain approval of a septic permit from the Environmental Health Department, if required. The septic system shall be located within the approved building or development envelopes, and must comply with the setback requirements from surface and groundwater sources. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to tbe exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on February 23, 2008. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 23~d day of January, 2005. APPROVED AND ADOPTED this 23rd day of February, 2005. PUBLISHED AFTER ADO,PJION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the~t~_ day of ,*l,~t05At ~ 2005. ATTEST: Clerk to the BOCC BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO B ~ Patti Kay-ClalYper, Chair Date 0-~-Off ~)~-- APPROVED AS TO FORM: John Ely, ~ Coun~ P005-05:PID#273729100004 APPROVED AS TO CONTENT: G(i~n d~ ~Ioube"fi,- Community Development Director HOUNT,~iN QUEEN iNC ~ COLOR,~DO ,ZORPOR~[, iN, 3WIIER 507744 Page: 3 of'