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Home My WebLink Aboutbocc.res.154.2005 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE ROSS APPEAL OF HEARING OFFICER DETERMINATION NO. 26-2005 Resolution No.I2L-2005 RECITALS ]. Howard Ross CApplicant") applied to the Pitkin County Board of County Commissioners CBOCC") to appeal a tinding of the Hearing Officer that an effluent pipe may not be installed below the cxisting staircase, which is located on slopes in excess of 45%, where development is prohibited by Section3-80-050.C.I.c.i of the Code. 2. The parcel is located at 8386 Upper River Road, upstream of Little Texas, and is more specitically described in Exhibit A. 3. The parcel contains approximately 2.7 acres. The portion of the parcel that is below Upper River Road is zoned AFR-I 0 and the portion above the road is zoned RS-20. 4. The Hearing Officer granted 1041 hazard review approval to establish a building envelope to replace the existing residence on August 25,2005, pursuant to Determination No. 26-2005. As part of this Determination, the Hearing Officer found that an effluent pipe may not be installed below the existing staircase, which is located on slopes in excess of 45%, where development is prohibited by Section3- 80-050.C.I.c.i of the Code. 5. The BOCC considered the appeal at a duly noticed public hearing on November 16,2005, at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that the functioning ofthe septic system could be compromised by use of a longer, more circuitous line, which is of considerable concern given the proximity ofthe septic system to the Roaring Fork River. 7. The BOCC further finds that installation of the line below the stairs will cause less harm and disturbance than ifthe line was installed within the existing driveway. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners that it does hereby approve the Ross Appeal of Hearing Officer Determination No. 26-2005 to allow installation of an effluent line on slopes in excess of 45%, subject to the following conditions, which shall run with the land and be binding on all successors in interest. I. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings. 2. The conditions of Hearing Officer Determination No. 26-2005 shall remain in full force and effect. 3. The existing staircase shall be replaced, and the effluent line shall be installed below the staircase. The trench for the effluent line shall be hand dug and the line shall be installed at a depth of 18 inches. /11111/1111/11/1111111/11111/11111111111111111111111111 ~~~~~~~!:2. 151 JRNICE K vas CAUDILL PITKIN COUNTY CO R 0.00 0 0.00 I Resolution No. fll(-2oo5 Page 2 4. Appropriate construction techniques shall be employed to ensure that the stability of the slope is not affected. Disruption of vegetation shall be minimized, as the vegetation plays a part in stabilizing the slope. Larger trees shall not be removed. The time during which the trench is left open shall be minimized and the trench backfill shall be compacted. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 16'" day of October, 2005. APPROVED this ]6th day of November, 2005. ~ "I. ATtEST: , ~Jtfuv1ifjj \ lacw JeaJttte Jones t i Cle to the BOCC U , APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO J~ ) By LUA.-"'-- /({jLI, Date {)9 - h . {){" -~ APPROVED AS TO CONTENT: c--------.. 5.. John Ely, // County A --A: ~J\~ CQQ~.lh ~ ,.;(~ C~ben, Community Development Director P212-0.'i PID#26431M040 14 11111111I111111111111111111111111 :;~~~~~~!:2 151 JANICE K vas CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 d- - To,'" 05 , - --,.:;i~ .~.-.~--:- . .f . -c.>/ ..,? ".f I / L./ r 2: 17 PM -'WAXI 11ILl AS~lN NU. 0 L04 r. j ATTACHMENT '7 along the Roaring Fork River to the Northerly line of said Book 183 at Page 291 of the Pitkin County records; Thence N 65"05' E 103.41 feel along the Northerly line of said Book 183 at Page 291 to the Point of Beginning. PARCEL II: A parcel of land being located in Section 16, Township 9 South, Range 85 West of the 6th P.M. more fully described as follows: .- Beginning at a poinf whence the North 1/4 corner of said Section 16 bears N. 12 de9rees 26 minutes 40 seconds W. 3373.94 feet; thence S. 00 degrees 58 minutes 48 seconds W. 20.46 feet; thence S. 10 degrees 56 minutes 15 seconds W. 55.22 feet; thence S. 18 degrees 12 minutes 46 seconds W. 129.93 teet; thence S. 27 degrees 41 minutes 24 seconds W. 311.83 feet; thence N. 65 degrees 05 minutes 00 seconds E. 109.84 teet, more or less. to a point on the Westerly right-of-way line of the Denver and Rio Grande Railroad whence the North 1/4 comer, Section 16 Township e South. Range 85 of the 6th P.M. bears N. 11 degrees 30 minutes W. 3743.0 feet; thence Northeasterly along said right-of-way to a point which bears N. 59 degrees 04 minutes E. from the point of beginning; thence S. 59 degrees 04 minutes W. to the point of beginning, as hereinbefore described. PARCEL "I: A parcel of land being a portion of that property described in Book 304 at Page 225 of the Pitkin County records" situated in the Southeast Quarter of Section 16, Township 9 South, Range 85 West of the Sixth P.M. described as follows: Beginning at a point on the northerly boundary of said Book 304 at Page 225 whence the north quarter corner of Section 16, Township 9 South, Range 85 West of the Sixth P.M. bears N6S"05'OO" E 304.70 feet and N 11"30' W 3,743.00 feet: thence SS8"18' E 40.84 feet more or less to the westerly boundaty of that parcel of land described in Book 293 at Page 931 of the Pitkin County records, as staked in the field by LS 2376 (rebars with yellow plastic caps); thence N 30"27' E 60.00 feet more or less to the northerly line of said Book 304 at Page 225; thence S65"05' W 71.84 feet along the northerly line of said Book 304 at Page 225 to the point of beginning, subject to that portion of the above described parcel conveyed to Pitkin County in Book 390 at Page 956 of the Pitkin County records. COUNTY OF PITKIN, STATE OF COLORADO This statement is neither and abstract, opinion nor guaranty of t~le and is Intended specifically and exclusively for the use of the Board of County Commissioners of Pitkin County in detennination of "merger of title" or lack thereof as said "merger" relates to the applicable statues, ordinances and restrictions of jurisdiction. It is understood and agreed that Stewart Title of Aspen. Inc., neither assumes, nor Will be charged with any , financial obligations or liability whatever on any statement contained herein. 1111111111111111111111111 ~;~~ /~~~~ ~3 531 SILVIA ORVIS PITKIN COUNTY CO R 0.00 D 0.00 11111111111/11111111 1111 111I111111111111111 :;~~~~~~! :215' JRNICE K vas CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 ,O"-'jl.-L I i I 1 , , j ~/ /' ,.""../ ..../' fY , Pi Ul '" "'IS>IS> N o_~~ ~ IS> IS> UlN ~ ,C L!)W~ ~ Oh l!) ~ :?J IS> IS> ":.'IJlj L 10rwI '7 stevvarfHMENT ~title of aspen . ;) I t ll!-\ /'( I 'j I L C ,,\) r [!~ 11V. V l. \,)1 May 23, 2005 Order No. 43785 Re: Howard Ross Property Board of County Commissioners, Pitkin County. Colorado: Based upon a search of the appropriate real estate records of Pitkin County, Colorado. Stewart Title of Aspen hereby certifies that at no time since May 8. 1972 has title to any tract adjacent to the property described below, been in the same name or names as said described tract. A parcel of land being located in Section 18, Township 9 South, Range 85 West of the 6th P.M. Said parcel of land being bounded on the Northeasterly side by the Westerly line of the Denver and Rio Grande Railroad Right of Way; on the Southwesterly side by the Roaring Fork River; said parcel is described as the "Ross Parce'" on the Ross/Whitmer Lot Line Adjustment Plat recorded May 13, 1996 In Plat Book Plat Book 39 at Page 61 as Reception No. 392632. and is more fully described below as Parcels I, II and III: PARCEL I: a: w > co " co :; ~ w A parcel of land being located in Section 16. Township 9 South, Range 85 West of the 6th P.M. Said parcel ;s more fully described as follows: Beginning at a point whence the North 1/4 corner of said Section 16 bears N. 12 degrees 26 minutes 40 seconds W. 3373.94 feet; thence S. 05 degrees 58 minutes 48 seconds W. 20.47 feet; thence S. 10 degrees 56 minutes 15 seconds W. 55.22 feet; thence S.18 degrees 12 minutes 46 seconds W. 129.93 feet; thence S. 27 degrees 41 minutes 24 seconds W. 311.83 feet: thence S. 65 degrees 05 minutes 00 seconds W. 175.00 feet, more or less. to the Roaring Fork River; thence Northeasterly along the Roaring Fork River, 450 feet, more or less; thence N. 59 degrees 04 minutes E. 245.00 feet, more or less, to the point of beginning, as hereinbefore described. EXCEPTING THEREFROM: That parcel conveyed to Gordon L. Whitmer and Lynn Whitmer by Quit Claim Deed recorded November 16, 1998 as Reception No. 424529, described as follows: Beginning at a point on the Northerly boundary of that parcel of land described in Book 183 at Page 291 of the Pitkin County records whence the North Quarter Comer of Section 16. Township 9 South, Range 85 West of the 6th P.M. bears N 65"05'00" E 304.70 feet and N 11'30' W 3,743.00 feet; Thence N 58'18' W 34.06 feet; Thence S 61'09'47" W 41.90 feet to the Roaring Fork River; Thence S 34"15'37" W 49.92 feet "Enhancing the Real Estate Closing Process" 620 Easl Hopkins' Aspo", Colorado 81611 970-925-3577' Fax, 970-925-/384 A SleWalt 1nfonnatioD Servic., Compnny . NYSE,STC . WWW.stewartoonl ,. , 7 Ul N "GIS> ,n ......WlSl '-U 0 \SI . I'--- GIS> m o:t~c o w~ N llh to . N 0. IS> IS> IS> G '" I II I II II " I Ii " I! ,II , I I /: ~ w " z " ~ 1-/