HomeMy WebLinkAboutbocc.res.060.2000 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO DENYING THE APPEAL OF THE STARWOOD
HOMEOWNERS ASSOCIATION
Resolution No. 040 - 2000
Recitals
1. On January 21, 2000, the Starwood Homeowners Association submitted an appeal
to the Board of County Commissioners ( "BOCC"). This appeal objected to the application of
BOCC Ordinance No. 2000-002B, the six month temporary moratorium, to the Starwood
subdivision.
2. This appeal was brought pursuant to paragraph number 6 of Ordinance No. 2000-
002B and Land Use Code section 4-160. The appeal was set for a hearing before the Board on
February 23, 2000, and was continued to the date of March 8, 2000 at the request of the
Starwood Homeowners Association. The appeal hearing was initiated on March 8, 2000 and was
continued to April 12, 2000.
3. Starwood's argument is that they are common law vested in their existing zoning
and the county's existing land use regulations and as such the residents and property owners in
the subdivision should be immune from the moratorium and other legislation being considered
by the BOCC.
4. The BOCC has determined there is no basis in the assertion of a common law
vested subdivision as justification for excepting the Starwood subdivision from the moratorium
ordinance or from possible future land use code amendments.
NOW, THEREFORE, be it resolved by the Board of County Commissioners of Pitkin
County, Colorado that it hereby denies the formal appeal of the Starwood Homeowners
Association dated January 21, 2000.
DENIED ON APRIL 12,2000
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By:C ,(,GG. /Q09,490V i'y
L dee Dean Shellie Roy Harper
Deputy Clerk Chair
Date: Jt'/, 8f a
T
Resolution# 06 D - 2000
Page 2
APPROVED AS TO FORM:
Gwot Md---
John M. Ely S e Kohdhan
County Attorye J C ty Manager
1/reso/starwood he appeal-doe