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HomeMy WebLinkAboutbocc.res.086.2005RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING A CONSTRAINED LOT TDR TO STUART, TERESA AND TODD GIBSON Resolution No.~ -2005 RECITALS Stuart, Teresa and Todd Gibson, Applicant, have applied to the Pitkin County Department of Cmnmunity Development tbr a constrained lot determination and to the Pitkin County Board of County Commissioners (BOCC) to determine whether one or more constrained lot Transferable Development Rights (TDRs) should be granted. The property for which the determination is requested is located in the Crystal River Valley, across from Avalanche Ranch between Highway 133 and the Crystal River, and is more specifically described in Exhibit A. 3. The Community Development Department has determined that the parcel is "severely constrained" pursuant to the Land Use Code, based on the following: A. The access off of Highway 133 to the parcel is dangerous - sight distances are limited given the location near a curve in the highway. B. The parcel contains I/3 mile of frontage on the Crystal River and is across fi'om the confluence of Avalanche Creek and the Crystal River. C. The approved building envelope is sandwiched between steep slopes below the highway and the river, which limits its size to 1,733 square feet. The septic system would have to b'e located within building envelope, as it would not be allo*ved within the setback from the high water line of the river due to potential impacts on the riparian area. In addition, it may be difficult to comply with the required setback between the well and septic system. D. hnprovements to the driveway to comply with County standards would encroach on slopes in excess of 30% over a distance of more than 100', which is prohibited by the Land Use Code. In addition, the building envelope could not be accessed by emergency vehicles as there is not adequate area for them to turn around at bottom of driveway The BOCC reviewed the request for a determination as to whether one or more constrained lot TDRs will be granted at a public meeting on May 1 l, 2005, at which time evidence and testimony were presented with respect to this application. 5. The BOCC determined that one constrained lot TDR shall be granted for the Gibson parcel. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Pitkin County, Colorado, that due to the fact that the Community Development Department has determined that the Gibson parcel is undevelopable or severely constrained under the Pitkin County Land Use Code th,a~t one constrained lot TDR shall be granted to the Applicant or successors in interest. APPROVED AND ADOPTED ON THE llth DAY OF MAY, 2005 Resolution No.d~ -2005 Page 2 ~tte Jones ~ty Clerk and R~ ~rder BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Date~9~ - lq- APPROVED AS TO FORM: ~ttorney APPROVED AS TO CONTENT: Cindy H-o~ben - Community Development Director PID #264929400009 $ILVIA DAVIS PITKIN COUNTY CO R 0.00 510404 Page: 2 of 3 05/23/2005 12:44 D e.ee 2 WARRANTY DEED MARY L. CARMICHAEL MY COMMISSION F-XPIREE Nolm3/Public