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SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING THE SPENCER EXTENSION OF VESTED RIGHTS AND
MINOR AMENDMENT TO A DEVELOPMENT PERMIT TO RELOCATE AND
ENLARGE THE BUILDING ENVELOPE
Resolution No.00~-2005
RECITALS
Spencer Enterprises, LLC ("Applicant") has applied to the Pitkin Coonty Board of County
Commissioners ("BOCC") for Extension of Vested Rights and Minor Amendment approval
to relocate and enlarge a building envelope on Lot l 6 of Section 3& TBS, R87W.
2. The parcel is zoned RS-30 PUD and contains 35.07.3 acres.
3. The parcel is Lot 16, Section 36, and is more specifically described in Exhibit A.
Tbe parcel received Hearing Officer approval in October of 2002 pursuant to
Determination No. 47-2002.
Tile BOCC beard this application at a duly noticed public hearing on January 12, 2005 and
at which time evidence and testimony were presented with respect to this application.
The BOCC has determined that tile proposed use meets the Criteria established in Sectioos 3-
200-080 and 4-140-030 of the Lagd Use Code, and therefore found the proposal to be
appropriate.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby grant approval to
the Spencer Extensiou of Vested Rights and Minor Ameodmeot to a Development Pemiit roi' Lot 16,
Sectiog 36, subject to the following conditions, which shall mn with the land and be bindiog on all
snccessors ill interest:
I. The Applicant shall adhere to all conditions and material representatioas made in the
application and public meetings except as amended herein.
Prior to stlbmittal for ally buildigg permits on Lot 16, the Applicant shall record a 24 X 36
inch mylar 1041 Hazard Review Site Plan in accordance with Section 5-70-040 of the Land
Use Code.
3. 'file Applicant shall comply with the provisions of Hearing Officer Determination No. 47-2002,
anless otherwise replaced or amended by the conditioos of this approval.
4. Prior to the submittal of a building permit oo Lot 16, the Applicant shall snbmit a Ridgeline
Review application for review and approval.
The ridgeline review requirements of Sectioo 3-60-040 of the Pitkin County Land Use Code,
Scenic Overlay, in effect as of the date of this Resolutioa shall be applied to tbe property in the
tbllowing manuer:
Ridgeline review shall be applied only as this lot can be viewed from Capitol Creek
Road aad ffonl Hi 'ghway 82. No olher vicwplanes shall be applied to this lot.
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BOCC Resolution NoO~-2005
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SILVIA DAVIS PITKIN DOUNTY CO R 0.00
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b. No building shall break the ridgeline as viewed from Capitol Creek Road.
If the County determines that the proposed building(s) breaks the ridgeline as
viewed from Capitol Creek Road, the County reserves the right to recommend
changes to the proposed development or to deny the application in accordance with
the applicable ridgeline review criteria.
A building may break the ridgeline as viewed from Highway 82, but if it does, then
the County shall require reasonable measures to mitigate the visibility of the
ridgeline break through various techniques including, but not limited to,
landscaping, roof design, building materials, etc.
If the County determines that the proposed building(s) does not break the ridgeline
as viewed from Capitol Creek Road, then the County will not use the ridgeline
review process to prevent development of the property and will issue a building
permit for the proposed development, provided the proposed development is in
compliance with:
The Highway 82 ridgeline limitations specified in condition 5.d. of this
Resolution; and
(2) All other applicable codes and requirements of Pitkin County.
Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin
County Land Use Code and Colorado Statutes, subject to the 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 January 12, 2015.
SILVIA DAVIS PITKIN COUNTY CO
597825
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BOCC Resolution No~-2005
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SILVIA DRVIS PITKIN COUNTY GO R 0.00 D 0.00
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
11 th day of' December, 2004.
APPROVED ON THE 12TH DAY OF JANUARY 2005.
PUBLISHED AFTER ADOPTION FOR V~STED REAL PROPERTY RIGHTS in
the Aspen Times Weekly on the~: ~ day of ))!~t~ 2005.
?A~ EST: '~
)'e~ett~' Jones
Deputy County Clerk
APPROVED AS TO FORM:
John Ely,_z~-"'~-~/~
Co y
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY COLORADO
Patti~Kay-Clapper, ~/
Chair
APPROVED AS TO CONTENT:
Community Development Director
Case #P210-04
PID# 246536400013
SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00
SECTION 36
NO. 16
A PARCEL OF
SITUATED IN THE SE 1/4 OF SECTION 36, TOWN-
SHIP 8 SODTII,
'GE 87 WEST OF THE 6TH PRINCIPAL ~RIDIAN,
BEING MORE FU[ :RIBED AS FOLLOWS:
BEGINNING AT T~E 'HEAST CORNER OF SAID SECTION 36; ~
THENCE FOLLOWING SOUTH LINE OF SAID SECTION 36 z/
S 86"29'56" W 1734. FEET;
THENCE N 01"59'45" 397.42 FEET;
THENCE 152.80 FEET THE ARC OF A CURVE TO THE
HAVING A RADIUS OF
BEARS S 65"45'28" E 151
THENCE S 51"10' E 382.{
THENCE 411.68 FEET ALONG
HAVING A RADIUS OF 850.
THENCE 411.03 FEET ALONG
HAVING A RADIUS OF 900.00
THENCE 127.99 FEET ALONG THE
HAVING A RADIUS OF 160.00
THENCE S 22"18'53" E 981.44
BEGINNING, CONTAINING 35.234
FEET, THE CHORD OF
.5 FEET;
ARC OF A CURVE LEFT
ARC OF A CURVE THE LEFT
OF A TO THE LEFT
TO THE INT OF
LESS.
RESERVING, however, unto the party
successors, assigns, and grantees,
of-way over and across that Portion
real Droperty situated within Eas,
below, for a private roadway and
and for the location of utility
with owners of adjacent
he firs% part, its
easement or right-
the above-described
3, as described
[an trail purposes
)e used in common
tenant to the above-described ! proDert~,~ncludinc, ~ut
n°t limited to the following/a nts~ '' ~' °
Easement No. 1. A non-~xclusive easement ~ right-
~f'way f°r r°ad purposes and for iocation ok utility
lines over, through a~ across a tract sixthS{60) feet
' in width, being in SeCtion 25, Township 8 S~u~,
Range 87 West of the/6th P.M., ehe centerline ~f which
%s more fully described in Book 234 at Page 703~and
· n Book 245 at Pag~ 195, Pitkin County, Colorado
records; ~ ', Colorad~
~sement No. 2. 1A non-exclusive easement or right%f-
Y for road purposes and for the location of utili
line over, thr~gh and across a tract
in width, bein~ in Section 25, Township 8 ~outh, Ra:g~
87 West of th~ 6th P-M- 'granted by that certain Speciak
Land Use Permit c~694 i~ed by %he Depa~mont o~ In- ~
terlo=, Burep of Land Management.
Easement No/ 3. A non-exclusive easement or right-of-
way ~or ro/d purposes amd for the location of utility
lines situated in Section 36, Township 8 South, Range
87 West o~the Sixth Principal Meridian, Pitkin County,
Colorado. Said easement is 60 feet in width, lyinq 3~
feet on each side of the following describ6d centerline:
bEGINNING AT
OF SAID SECT:
THENCE 89. 52
HAV[NC A RADJ
THENCE 147.23
HAVING A
' TI~NCE 125.il
t~VING A
TI~NCE C 66
T}~NCE 125.54
}~VING A ~DI
T~NCE S 09 ~ 3
T~NCE 206.53
~VING A ~DI
T}~NCE 129.
~VING A ~ADI
THENCE S 08 "0
T~NCE 316.67
HAVING A ~DI~
T}~NCE S S9 ~0
T~ENCE 131.74
~VING A ~DI(
T~NCE S 29~0(
THENCE 124.39
~VING A
T~NCE S 05 ~3
T}~NCE 77.32
~VING A PJ~DI;
BEARS N 66~06
THENCE N 36 ~3
THENCE 445.08
~VING A P~DIU:
T}~NCE 102.9.:
~VING A PJ~UIU:
BF"RS S 02°40,~
T;~NCE 195. -~0
~VING A PJ~DIU'
T}~NCE 420.00
~VING A RADIUF
T}~NCE S 20~13'
T~ENCE I19~94 F
~NG A
T~NCE 155.26 F3
HAVING A PJ~DIUS
T}~NCE ~51.35 F?
~VZNG A P~,D~US
T~NCE 229.09 ~3
~VING A PJ%DIUS
T~NCE S t0~33,f
T~NCE 97.98 FEU
}~VING A ~%DIUS
TI~NCE S 40"14,0
T~NCE 90.32 PEr
~ViNG A ~ADIUS ~
T}~NCE 97.3~ FEE'
~VING A RADIUS ~[
T}~NCE S
T~NCE 199.08 FEF~
T}~NCE N 54°33~00~
THENCE 135~26
~VZNG A ~AD/US O ~
THENCE 85.88 FEET ~
~L~VING A ~DIUS 0.~
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03114/2005 88 57R
I~EGINNING AT A POINT I/IiEhC~ TIIE :';O:.:TI O:.~E..OiV,~.i. NR CORNER
OF SAID SECTION 36 El:ARS N 8. ',9 28" E 315.70
TBENCE S 73"39'10" W 24.57 FEET;
TIIENCE 89.52 FEET ALONG T~ ARC OF A CUR~ TNS LEFT
HAVING A ~DIUS OF 81.00 FEET;
THENCE 147.23 FEET ALONe THE ARC OF TO THE
HAVING A ~DIUS OF 97.00 FEET;
THENCE 125.11 FEET ALONG THE ARC OF A TO THE LEFT
~VING A ~DIUS OF 230.00 FEET;
T~NCE S 66:08'00" W 82.00 FEET;
TIIENCE 125.54 FEET ~LON~ TEE ARC OF TO TJE LEFT
}~VING A ~DIUS 95.00 FEET;
THENCE S 09"35' E
~.5.00 FEET;
TI~NCE 206.53 FEE~ ~ONG T~ ARC O CURVE TO THE
~VING A ~DIUS OF 250.00 FEET;
T~NCE 129.81 FEE~ LONG THE ARC .- C ...... TO %:E
~VING A ~DIUS OF 50.00 FEET:
THENCE S 08o00'00- 12S.00 FEET;
T~NCE 316.67 FEET )NG THE ~: OF A C ...... ~ T::i
HAVING A ~DIUS OF .00 FEET
THENCE S 80~00'00" ~'; ~ 79.0n Fi
THENCE 131.74 FEET
0F A CUE'.:E T~ TUN ~
~VING A ~DIUS OF 14~
T}[ENCE S 29°00'00" W 31
THENCE 124.39 FEET ALO:;G
H~VING A P~XDIUS OF 305.
TtLENCE S 05~3S,80- W 982
T}LENCE 77.32 FEET ALONG
IqAVING A P~'IDIU$ OF 75. 00
BEARS N 66°06'0fi- E 73~94
THENCE N 36°34'80" E 740
THENCE 445.08 FEET AL07:(
HAVING A P=ADIUS OF 2030.
THENCE 102.94 FEET ALON
:LAVING A FC~DIUS OF 89.
BF~RS S 02~40'50', E D5
T[[ENCE 195.40 FEE'~ ALO
HAVING A RADIUS O? 312
TBENCB 420.00 FEET
HAVING A R '~
AD/U= OF !
T}rENCE S 20~13'00,, W
THENCE 119.94 FEET
HAVING A RADIUS OF
THENCE 155.26 FEET
HAVING A RADIUS OF
THENCE ~.51.35 FEE
}LAVING A P, AD!us 0
TKENCE 229.09
HAVING A P~tDIUS
THENCE S. 10°33'0
T}~ENCE 97.98 FEE
}LAVING A RADIUS
T~NCE S 40°14'
THENCE 90. 32 FE
HAVING A P~ADIUS
T}iENCE 97.36 ~T ALONG THE A-~C OF A CURVE TO THE RIGHT
HAVING A RADI OF 100.00 FEET;
THIZNCB S 68°25' 10" W 336.00 FEET;
THENCE 199.08 BET ALONG TI~ ARC OF A CURVE TO THE RIGHT
HAVING A RAD] OF 200.00 FEET;
T}rENCE N 54~33'00!, lg 32.50 FEET;
THENCE 135.26 FEET ALONG THE ARC OF A CURVE TO ?!IE /.EFT
HAVING A /L'~DIUS OF 50.00 FEET;
THENCE 85.88 FEET ALONG THE ARC OF A CURVE... TO THE LEFT
HAVING A R~ADIUS OF 175.00 FEET;
FEET; .... ~o
615.00 FEET;
189.13 FEET;
W 686.52 FEET:
187.50 FEET:
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SILVIA DC~VIS PITKIN COUNTY Co R 0.00 D 0.00
THENCE S 57"40'00" E 280.00 FEET; ~'
THENC ~31.69 FEET ALONG THE ARC OF A CURVE TO THE LEFT
F. AVL%, % R~'~i. US OF 225.00 FEET;
THENC~-~,4.'88 FEET THE ARc OF A CURV~ TO THE RIGHT
HAVING A RADIUS OF ).00 FEET;
THENCE 171.04 FEET THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 00 FEET;
THENCE N 17"00'00" E
THENCE 323.76 FEET
HAVING A RADIUS OF
THENCE 223.48 FEET
HAVING A RADIUS OF
,THENCE N 33"25'00"
THENCE 223.,99 FEET
HAVING A RADIus OF
.00 FEET;
THE ARC OF A CURVE TO THE
350.1 FHET;
ALONG ! ARC OF A CURVE TO
350.00
E 482.5
ALONG ARC OF A CURVE
630.00
LEFT
THE LEFT
T~NCE 797.03 FEET ALONG TI~ OF A
HAVING A RADIUS OF 1000.00 FEET
TI~NCE 159.03 FEET ALONG T}rE AR OF A
'HAVING A RADIUS OF 55.00 FEET;
THENCE S 43°50'00"
THENCE 431.68 FEET
HAVING A RADIUS OF
W 350.00 FEET
ALONG T}rE ARC
400.00 FEET;
TI~NCE 877.03 FEET ALONG T~ ARC
HAVING A RADIUS OF 3000.00 FEET;
T}~NCE S 01°t5'00'' E 265.00 ;
TS~ENCE 209.42 FEET ALONG THE
HAVING A RADIUS OF 72.50 FEET;
THENCE N 13"15'00" E 117.50 FEE'
THENCE 541.99 FEET ALONG THE
}{AVING A RADIUS C~ 682.50
THENCE N 58"45'00" E 147.50
T}rENCE 261.22 FEET ALONG THE OF A
HAVING A RAD,~US OF 400.00
THENCE N 21"20'00" E 275~1
THENCE 562.87 FEET ALONG ARC OF A
HAVING A RADIUS OF 300.0(
THENCE S 51~10'00" E 382
THENCE 411.68 FEET ALON
HAVING A RADIUS OF 850
T~NCE 411.03 FEET
HAVING A RADIUS OF
THENCE 127.99 FEET
~{AVING A RADIUS OF
TNE RIGHT
TO TIrE RIGHT
TO THE LEFT
CURVE TO THE RIGHT
CURVE TO THE LEFT
CUR~ ~ T~ ~GHT
TO T~. LE~
~ T~ RIGHT
FEET;
HE ARC OF A CURV~ TO TH/~ LEFT
FEET; \ .
THE ARC OF A CURVE~O THE LEFT
~ FEET; ~
THE ARC OF A CURVE T~ THE LEFT
FEET TO.THE END OF ~ ROAD.
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land s tuated in the South 1/2 of Section 36, Township 8 South, Range 87 West of the Sixth Principal
Meridian, Pitkin County, Colorado being more particularly described as follows:
Beginning at a point on the Southerly section line of said Section 36 whence the Southeast corner of said Section
36 a U.S.G.L.O. Brass Cap found in place, bears N 86°29'56" E a distance of 476.44 feet, with all bearings being
relative to the bearing between said Southeast corner of Section 36 and the East 1/4 corner of said Section 36 a
U.S.G.L.O. Brass Cap found in place using a beadng of N 00°00'56" W between the two described
monuments.
thence along said Southerly line section S 86°29'56" W a distance of 1309.11 feet;
thence departing said Section line N 00°00'00'' E a distance of 1405.00 feet;
thence N 63°25'10" E a distance of 646.00 feet;
thence S 00°00'00" W a distance of 478~00 feet;
thence S 60°00'00" E a distance of 578.65 feet;
thence S 22°18'53" E a distance of 600.00 feet;
thence S 00°00'00" W a distance of 291.72 feet to the POINT OF BEGINNING.
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