HomeMy WebLinkAboutbocc.res.044.2005 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING AN EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR
TIMROTH LLLP
Resolution No. O~(t/-2005
RECITALS
Timroth LLLP ("Applicant") has applied to the Pitkin Coanty Board of County Commissioners
("BOCC") to consider a 15 year Extension of Vested Real Property Rights pursuant to Section 4-140-
30 of the Land Use Code C'Code").
The parcel is located above the Silverlode/Williams Ranch Subdivision on Lower Smuggler Mountain
at the top of Spruce Street; is referred to as Government Lot 33; and is more specifically described in
Exhibit A.
3. The parcel contains 1.581 acres, is a non-conforming size parcel in the AFR-10 zone district, and is
located outside of the Urban Growth Boundary.
4. Government Lot 33 existed prior to June 12, 1978 and has not ~nerged with any adjacent parcels.
The Applicant acquired the parcel in 1997 through a land exchange with the US Forest Service.
Tile Hearing Officer denied the 1041 hazard review and conceptual submission, pursuant to
Determination No. 25-2004. The BOCC found the denial to be a taking, aod remediated the taking
pursuant to Resolution No. 006-2005. A 3 year vested right was granted with the approval.
6. Tile BOCC heard this application at a duly noticed public hearing on April 13, 2005 at which time
evidence and testimony were presented with respect to this application.
7. Tile BOCC finds that 7 year extension of vested rights isffnappropriate, given the Applicant's
comlnitment to limit house size.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby approve all Extension of Vested Property Rights for Timroth LLLP. Statutory vested
rights for the approval granted pursuant to Resolution No. 006-2005 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
April 13,2012.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 13th day of Marcia,
2005.
APPROVED AND ADOPTED on the 13~h day of April, 2005.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on the/.:r~day of fl~.~, 2005.
Page: I of 4
02/03/2005 OI:OOP
SILVIA DAVIS PlTKIN COUNTY ¢0 R 0.00 D 0.00
Resolution No. ~.[.t{-2005
Page 2
Je ~ette Jones,
D~ utyClerk and
:corder
BOARD OF COUNTY COMMISSIONERS
TKIN COUNTY, COLORADO
Patti Kay-ClaVer
Chair
Date:
APPROVED AS TO FORM:
Job.
C ou. lgt:~-A~orn ey
APPROVED AS TO CONTENT:
Community Development Director
Case #P033-05
PID# 273707100040
Page: 2 of 4
05/03/2005 0!:00P
II.U'O
America, acttn9 h~ and through the Forest 'Se~-vlce, Department of Agriculture,
hereinafter called Grantor, and A~,:6h: ?imrot~ DOnna~ M~', T~oth, and.
Grant C. Timroth, .aa tenants in ¢c~mom, of F.O. Box 89, T~wn of Aspe~u, State of
Colorado, hereinafter called Grantees.
WITN~SSET~: The Grantor ~e authoz/zed to coney certain Nat£onal Foist System
lands by the act of January 12, 1~83 (96 Stat. 2~35~ 16 U.S.C~ 521c). '
NOW T2~R~FoRE, the Grantor, for and An c°neideratt=m: of land. in P£tkin County,
Colorado =o~telning 27.845 acres, more or l~ss,
duly aC~led~e~, d~s her~ re~se, release,
Gr~tees., 'its s~cessors ~ assi~ ~1 it's r~ht,' t~tle,
~d to the real pr~ situate~ in ~e C~ty of ~itkin, State of-Colorado,
de'scribe~ as foll~s:
TOWnshiD 10 South, Range 84 West. 6~h P,~,
The ~ast .1/2 of Lot 33, Sect~ou 7
Contalntn~ 0.785 acres, more or less.
jexeouted
STATE OF COLORADO
1. All easements and rights-of-way of re~ord...
IN WITNesS WHEREOF, the ~r~tor ~ its ~y au~h~'ze~ r~m~es~tattve ~8
~is deed pursuit to ~e dele~ti~ of au~or~ p~l~ate~ ~n
34283, ~st 2~, 1~8&.
UNITED STATES .OF AMERICA
Acting Forest Supervisor
White Rivmr. Natlonal Fore~.
~ited States D~ent o~
.)
Supertek, ~ite Ri~r Nati~al Forest; ~o~ 'to ~ to ~ ~ person ~ho, --
n~ is s~scrlbed-to ~e within tnst~ent,' ~d a~owledged ~at he exerted
WI~SS ~ h~d ~d officlal seal ~e ~y ~d. ye~ first ~ ~tten.
INT~RC~IANGE DEED
T~IS DEED, made this ~ day of ~.f, ' , 19~. ~we~ the ~ited States of
~ertca, ac~in~ ~ ~d ~r~h the Forest Se~ic8, Depa~nt of
herein~ter called Gr~tor, ~d Albert 8. Ti~, Do~a M. T~o~
Gr~t C. Ti=otb, as t~ts ~n c~,,,~, of P.O. B~ 89, T~ ~ ~p~, State' of
Colorado, hereinafter called ~r~tees.
WI~SSE~: ~e Gr~tor is author~ze~ to c~vey ce~a~n Nat~'~al FOrest S~st~
l~s ~ the act of J~ua~ 12, 198~ (~6 St~t.
NOW ~, ~e Gr~t0r, for ~d in ~siderati~ of l~d ~ 'P~tkfn C~,
Colorado conta~nin~ 27.84S ac~s, ~ or less, ~e receipt ~hereof ~s here~
duly ac~owledged, d~$ here~ remiss, re%ease,
Gr~tees, its successors ~d assi~s all ~t's r~ht, tltle~
~d to ~e real pr~y Situated ~ ~e C~ty of P~tkfn, State of Colora~,
descried as follows:
Tow~hiD 10 SOUth. RanGe B4 West. 6th
The West 1/2 of Lot ~3; Seotlo~ 7
Containing 0.785 acres, m~re or less.
SD~JECTT0:
~. AIl easements and ~ights-of-wa~ of record.
IN wITNEsS WHEREOF, the Grantor by /ts duly authorized r~presentmtlwe hu ·
executed this deed pursuant to the delegation· of authority promulgated in Title
7 CFR 2='~2 ~d ~9 F.R. 3~283', AugUst 29, 1984.
s=~ OF co~o~.~o
STATES OF AMERICA
BEN L. DEL VI~LLAR
Acting Forest Su~ex~rlsor
White Ri~er Natio~al- Forest
Forest Service
~ted States DepOt of
COUNTY OF G~dLFIELD }
oarz~eAo Uou~ty, pers0nally a~eered Ben L. Del Vill~, Act~ Forest
SurVivor, ~ite ~ver. Naui~1 Forest, ~ to ~ to ~ ~e pers~ whose
'n~e is s~s~i~d to ~e within inst~ent, ~ a~led~ed
WI~SS ~ h~d ~d off~clal seal ~e ~y ~d year first ~ve